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Gabungan fails in bid
Published on: Tuesday, April 24, 2018

Kota Kinabalu: The High Court, here, Monday dismissed without cost a suit seeking Mandamus Order and other relief to compel the Prime Minister to table the Election Commission Report on the 73 state constituencies, as passed in the matter of Article 14(2) of the Sabah State Constitution, to Parliament for approval "as soon as possible".

The court also dismissed without cost another suit filed against the Chief Minister of Sabah, State Government of Sabah, the Legislative Assembly of Sabah and the Election Commission of Malaysia to settle the issue of omission of 13 new state constituencies from the coming State elections to avert a Sabah constitutional crisis should the State elections go ahead with 60 seats and not 73.

According to the plaintiffs' lawyers, Judge Azhahari Kamal Ramli ruled in chambers that all the plaintiffs had no locus standi, and that since Parliament had dissolved, any relief for court orders would be academic.


The judge also dismissed the government lawyers' request to award RM20,000 cost for each case.

All parties are to bear their own cost as the cases are of public interest being that the issues concern the constitutionality and the legality of the elections.

SAPP President Datuk Yong Teck Lee, however, claimed victory of sorts as he noted that in his ruling delivered verbally in chambers, Judge Azhahari Kamal Ramli did not dismiss their contention that "the Prime Minister has a constitutional duty to table the Election Commission Report to Parliament as soon as possible at the next Parliament sitting."

"Our case is strong as the Constitution (Section 9 of the 13th Schedule) is clear.


Our facts were not disputed by the government lawyers. There is no affidavit in opposition to my affidavit."

After being briefed by his lawyer son, Yong Yit Jee, and who acted as lead counsel, Yong further asserted that, "This will not be academic, as this constitutional duty recognition will apply to the incoming Prime Minister, whoever he is, to table the Election Commission Report to Parliament as soon as possible at the next Parliament sitting."

"Who has locus standi? The Sabah Government?" Yong wondered, telling his supporters that the court could not award the relief sought to the plaintiffs because "we do not have locus standi."

He said an appeal is possible within 30 days depending on the grounds of the written judgement to be obtained by his lawyers for further consideration, as four of his following plaintiffs are affected by the non-availability of the 13 seats for the coming Sabah elections, hence should be accorded the locus standi to seek remedy.


On the judge's remarks that the Election Court could be a proper forum by voters or election losers to address their dissatisfaction on the constitutionality and the legality of the elections vide election petitions after the Sabah State elections, Yong said it could be considered further, but he opined the Election Act redress is for other reasons and might not cover such scope of concerns.

"On the issue of trying to invalidate the elections, that's not our case. That's the PCS (Parti Cinta Sabah) case.

But the grounds of locus standi have been used against both parties," said Yong. - David Thien

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