THE “desperation” of UMNO to hold elections this year may result in the Yang di-Pertuan Agong unprecedentedly withholding consent to dissolve Parliament at the request of the prime minister, said DAP lawmaker Ramkarpal Singh.
This as there is a real possibility of serious floods occurring at the end of the year so holding the 15th General Election (GE15) then is “certainly not in the national interest”.
The Bukit Gelugor MP also noted that there seem to be “no signs” of UMNO taking heed of warnings against holding GE15 this year, such as the recent one by Universiti Putra Malaysia (UPM) scientist Haliza Abdul Rahman.
Haliza had proposed that GE15 be held after February 2023 instead as the floods during the monsoon season at the year-end might be worse than last December’s disastrous floods.
In a statement today, Ramkarpal said even though the King has the prerogative power to withhold his consent to a request by the prime minister to dissolve Parliament (as per Article 40(2)(b) of the Federal Constitution), such a refusal has never occurred at the federal level.
“The refusal to consent to a request for the dissolution of a state legislative assembly has only occurred at the state level in the country in the past,” the DAP’s National Legal Bureau chairman noted.
But by insisting on holding elections at a time when it may be dangerous to do so, Ramkarpal said UMNO may be putting Sultan Abdullah Sultan Ahmad Shah in a “most precarious position” by “forcing him” to exercise his said power under Article 40(2)(b).
This, he said, ought to be avoided as it may trigger a debate as to whether this would be inconsistent with the principle of a constitutional monarchy.
“2 conditions”
Ramkarpal pointed to an article by W. Elliot Bulmer in which the constitutional expert stated that the head of state may be permitted to refuse a dissolution of Parliament to a prime minister who enjoys the confidence of the Dewan Rakyat if it appears to the former that two conditions are met.
These are: if the Government can be carried on without a dissolution; and if such a dissolution would not be in the national interest.
“The second of these conditions are less easily determined, but it might arguably apply if a sudden election would likely upset the country’s economic stability or diplomatic interests, or if the prime minister were advising a dissolution for purely opportunistic reasons,” said Ramkarpal.
He noted that while it is becoming “increasingly obvious” that UMNO is advocating for the dissolution of Parliament through Datuk Seri Ismail Sabri Yaakob, it is unclear if Cabinet has even been consulted on the matter.
As such, it is “clear” that the request by Ismail for Sultan Abdullah to dissolve Parliament is “purely for the opportunistic reasons of UMNO”, which “cannot be in the national interest”.
“The prime minister should not bow to the pressure of his political masters at the expense of the nation but instead focus on stabilising the economy by saving costs that would occur if a general election was held now and a few state elections later,” Ramkarpal said, referring to the decision by Opposition- and PAS-held states to not hold simultaneous state and federal polls during GE15.
Ismail should also plan ways to avoid the potential devastation that the impending floods may have on the country, he added, as the nation must always come first, not any one individual or political party.
“UMNO’s insistence on a general election now is in utter disregard of national interests which the prime minister, as the country’s chief steward, must protect,” he said.
Ismail has been under intense pressure from UMNO president Datuk Seri Ahmad Zahid Hamidi to dissolve Parliament and pave the way for an early GE15; polls must be held before September 2023.
Ismail is meeting with Sultan Abdullah later this evening, the last weekly meeting between the duo before Budget 2023 is tabled tomorrow (Oct 7), but it is not immediately clear if the dissolution of Parliament is on the agenda. – Oct 6, 2022
Main photo credit: Bernama
