VOCAL politician Charles Santiago has filed an originating summons at the High Court to stop the Election Commission (EC) from going ahead with the 15th general election (GE15) claiming that the caretaker prime minister Datuk Seri Ismail Sabri Yaakob is said to have breached provisions in the Federal Constitution.
Santiago filed the summons naming Ismail Sabri, the Government and the EC as respondents. The former Klang MP demands a declaration that the request by Ismail Sabri to the Yang di-Pertuan Agong for Parliament to be dissolved was in contravention of Article 40(1) and (1A) of the Federal Constitution.
An FMT article reported Santiago as saying that Ismail Sabri’s request to Sultan Abdullah Sultan Ahmad Shah was not made on the advice of the cabinet ministers, hence declaring it as null and void.
Santiago is similarly asking for a declaration that the powers vested in Sultan Abdullah under Article 55(2) of the constitution can only be exercised in accordance with Article 40(1) and (1A).
Article 40(1) and 1(A) state that the King acts in accordance with the advice of the cabinet or of a minister acting under its general authority.
The DAP politician wants a declaration that the dissolution of the 14th Parliament on Oct 10 was not in accordance with Article 55(2) read with Article 40(1) and (1A) of the constitution, hence having no legal effect.
He also said the EC has no legal basis to issue any writ under Section 12 of the Elections Act 1958 or any notice under regulation 3(1) of the Elections (Conduct of Elections) Regulation 1981.
Ismail Sabri on Monday (Oct 10) announced the dissolution of Parliament after an audience with the King paving the way for GE15 which must be held within 60 days.
It is understood that Santiago’s basis for the judicial review is that the King should have acted on the advice of the cabinet to dissolve Parliament.
It was reported that the cabinet did not agree to the request and several of them had even written to Sultan Abdullah to express their disagreement.
“Hence, the dissolution of Parliament should have no effect, as it was done on a request to be considered invalid, and that any action by the EC to conduct the GE15 would be against the law,” Santiago added.
Meanwhile, the hearing of the judicial review has been fixed for Oct 20, before High Court (appellate and special powers division) judge Datuk Ahmad Kamal Mohd Shahid. – Oct 12, 2022
Main photo credit: Media Rania
