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Telegram分享群组:Appeals by ex-MP, voter to halt GE15 dismissed, polling to proceed

admin2022-11-222约搏以太坊

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The Court of Appeal dismisses the legal actions brought by former Klang MP Charles Santiago and a Pandan voter to stop the Election Commission from conducting the 15th general election. – The Malaysian Insight file pic, November 15, 2022.

THE Court of Appeal has dismissed the legal actions brought by former Klang MP Charles Santiago and a Pandan voter to stop the Election Commission (EC) from conducting the 15th general election (GE15).

Following this decision, polling will be held on Saturday as scheduled.

Judge Azizah Nawawi, who led a three-member panel, said the decision to dissolve parliament is the absolute discretion of the Yang di-Pertuan Agong and his discretion is non-justiciable (cannot be adjudicated by the court).

“Only the king has the power to dissolve parliament under article 55(2) of the Federal Constitution, which then triggers the general election,” said Azizah, who sat with judges Che Mohd Ruzima Ghazali and See Mee Chun.

She said the consequential orders sought by Santiago and Syed Iskandar Syed Jaafar to restrain the EC from taking steps to conduct GE15 are not tenable in law.

“The EC has the constitutional duty to conduct the general election under article 113 of the Federal Constitution within 60 days after dissolution of parliament, as provided for under article 55(4) of the Federal Constitution,” said Azizah.

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She cited a court authority stating that the EC cannot be restrained or prohibited from performing its constitutional duties under the Federal Constitution.

Azizah said even if there were merits in the appellants’ contention that the issue of whether the prime minister must act on the advice of the cabinet to request the dissolution of parliament is a matter that can be challenged in court, the request for dissolution of parliament was accepted by the Yang di-Pertuan Agong and his decision remains non-justiciable.

She said both Santiago and Syed Iskandar’s appeals did not have merits and dismissed their legal actions with no order as to costs.

She said the High Court judge was not wrong to strike out Santiago’s originating summons and reject Syed Iskandar’s application for leave to commence judicial review on the grounds that the Yang di-Pertuan Agong’s decision to dissolve parliament is non-justiciable.

Azizah also dismissed an application by Syed Iskandar’s counsel, R. Kengadharan, for an interim injunction to restrain the EC from conducting the general election pending the filing of an application for leave to appeal to the Federal Court.

Santiago wanted the court to reinstate the originating summons he filed against caretaker prime minister Ismail Sabri Yaakob, the government and the EC, seeking for several court orders, including a declaration that Ismail’s request to the Yang di-Pertuan Agong for the dissolution of parliament was null and void as it was not made on the cabinet’s advice.

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