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KUALA LUMPUR – Caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the government and the Election Commission (EC) today have applied to strike out former Klang MP Charles Santiago’s originating summons that was filed to stop the 15th general election (GE15).
Charles had gone to court to stop the EC from conducting GE15 as the caretaker prime minister is said to have breached provisions in the federal constitution.
Santiago, who filed an originating summons at the high court on Tuesday, named Ismail Sabri, the government, and the EC as respondents.
In response, the government, caretaker prime minister, and the EC filed an application at the high court today through Messrs Hafarizam Wan & Aisha Mubarak to strike out Charles’ application.
In their claim to strike out Charles’ application, the defendants argued that there was no feasible cause of action in the legal bid, as the powers of the king in the Parliament dissolution was non-justiciable and could not be challenged in court.
The defendants claimed, under Article 40(2)(b) and Article 55(2) of the federal constitution, the king had the prerogative to dissolve Parliament without obtaining the advice of the cabinet.
“The issue of a request to dissolve the Parliament by the prime minister to the king on October 9 is academic since the king had accepted the request and consented to the dissolution of Parliament under Article 40(2)(b) and Article 55 (2),” said the defendants in their application.
The defendants in their application said the EC, under Article 55(4) of the federal constitution and read together with Article 113(1), has the duty of holding the general election within 60 days of the dissolution of Parliament and the authority of the EC to have the general election cannot be challenged.
Under Article 118 of the federal constitution, a challenge against the elections can only be made by way of an election petition.
Charles in his originating summons had also sought an injunction to bar the EC from holding the GE15 due to opposition from Cabinet ministers who were concerned with the floods normally brought by the monsoon season.
The high court will hear the application on October 20. – Bernama, October 14, 2022