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KUALA LUMPUR – The high court here was today told that a suit by incumbent Klang MP Charles Santiago on the October 10 dissolution of Parliament was now academic with the Election Commission (EC) having set November 19 as polling day for the general election.
Lawyer Tan Sri Zulkefli Ahmad Makinudin said the EC had also set November 5 for nomination.
“Therefore, the originating summons filed by the plaintiff (Santiago) should be dismissed by the court as it is now rendered academic,” he submitted.
Zulkefli was making his submission before judge Datuk Ahmad Kamal Md Shahid in response to an application by the government, caretaker prime minister Datuk Seri Ismail Sabri Yaakob, and the EC to nullify Santiago’s suit, which was filed last October 11.
EC chairman Tan Sri Abdul Ghani Salleh announced at a press conference today that polling for the coming national polls would be on November 19, while nomination is on November 5 and early voting on November 15.
The general election will involve all parliamentary seats throughout the country, with Perak, Pahang, and Perlis holding their state elections simultaneously.
The by-election for the Bugaya state seat in Sabah will also be held at the same time.
Meanwhile, Zulkefli also submitted that the power to dissolve Parliament is the prerogative of the Yang di-Pertuan Agong, which cannot be questioned by the court.
He said the Agong can use his discretion to dissolve Parliament without having to seek the advice of the cabinet under Articles 40(1) and 40(1A) of the federal constitution.
“Therefore, the plaintiff’s application is academic because the dissolution of Parliament has been implemented and it has been gazetted,” said the lawyer. – Bernama, October 20, 2022