DOES NOT NEED TO CONSULT CABINET TO DISSOLVE PARLIAMENT, RULES HIGH COURT - PM
KUALA LUMPUR: As a sitting Prime Minister Datuk Seri Ismail Sabri Yaakob did not need to consult his Cabinet members in requesting for the dissolution of the 14th Parliament from the Yang di-Pertuan Agong, the High Court ruled.
Justice Ahmad Kamal Md Shahid said this in his decisions in two legal challenges brought by incumbent Klang MP Charles Santiago and Pandan voter Dr Syed Iskandar Syed Jaafar Al Mahdzar who both sought to halt the 15th General Election (GE15).
"As the Prime Minister, he would have the ultimate power in the execution and does not need to consult is Cabinet.
"The sole and ultimate power to request for the dissolution of Parliament lies solely in the hands of the prime minister," the judge said in Zoom proceedings here on Friday, October 28, 2022.
On the power vested in the Yang di-Pertuan Agong, Justice Ahmad Kamal said the King was the ultimate decision-maker with the constitutional authority to make a final and non-justiciable determination with legal effect for the dissolution of Parliament.
"The Yang di-Pertuan Agong acted at his own discreation to dissolve Parliament at the Prime Minister's request," he said.
Justice Ahmad Kamal, who delivered the decisions in two separate proceedings, said the applications were scandalous, frivolous, vexatious and an abuse of court process.
In Syed Iskandar's lawsuit, Justice Ahmad Kamal did not make an order as to costs.
On October 14, 2022, Syed Iskandar, 55, filed an application for leave to initiate judicial review in seeking a declaration that the request by Ismail Sabri to the Yang di-Pertuan Agong on October 09 2022 for the dissolution of Parliament pursuant to Articles 40(2)(b) and 55(2) of the Federal Constitution is null and void and of no effect.
He also sought a direction in the nature of a writ of prohibition to prohibit the Election Commission (EC) and its servants, agents or employees from taking any steps to conduct GE15 in furtherance of the dissolution of Parliament.
In Santiago's lawsuit, Justice Ahmad Kamal ordered the lawmaker to pay RM20,000 in costs to the defendants.
On October 11, 2022, Santiago filed the originating summons to seek a court order in his bid to stop GE15 due to the rainy season and floods.
He named Ismail Sabri in his capacity as Primi Minister at the material time, the government and the EC as the first, second and third defendant's respectively.
Ismail Sabri then filed an application to strike out Santiago's lawsuit on October 14, 2022 on grounds that the declaration by the Yang di-Pertuan Agong to dissolve the 14th Parliament was non-justiciable and could not be disputed in a court of law.
Justice Ahmad Kamal allowed Ismail Sabri's striking-out application in Friday's proceedings.
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