Kuala Lumpur: A lawyer for the Election Commission (EC) has told the High Court that former Klang MP Charles Santiago’s lawsuit to halt the general election can no longer be heard with the nation set to go to the polls next month.
“This suit is now (rendered) academic,” lawyer Zulkefli Ahmad Makinudin said today after bringing to the court’s attention that the EC has scheduled the 15th general election for Nov 19.
Santiago filed a lawsuit last week, seeking to stop the EC from conducting the elections. He claimed that caretaker Prime Minister Ismail Sabri Yaakob’s request to the Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, for Parliament to be dissolved was unconstitutional.
He said the request was not made on the advice of Ismail’s Cabinet.
In response, the EC and Ismail have sought to nullify Santiago’s lawsuit, saying that it was frivolous and an abuse of the court’s processes.
Zulkefli also told the court it was the EC’s constitutional duty to conduct elections.
He said that, by law, once the dissolution of Parliament was gazetted, the EC had to step in and conduct elections within 60 days, as stipulated under Article 55(4) of the Federal Constitution.
“This lawsuit seeks to prevent the EC from performing its (constitutional) duty.
“Besides that, the Government Proceedings Act 1956 clearly says that the government cannot be injuncted (from performing its duties),” he said.
Santiago’s lawyer, Malik Imtiaz Sarwar, told the court their case challenged the validity of Ismail’s request to Sultan Abdullah for Parliament to be dissolved, and not the King’s prerogative.
He said the prime minister had failed to consult his Cabinet ministers on the matter, as seen by public statements issued by several ministers.
Malik said the flood situation had worsened since Santiago filed the lawsuit.
“(Santiago previously) wrote to the EC seeking answers as to how they propose to conduct elections during the monsoon season,” Malik said, adding that Santiago did not receive any reply.
The hearing before justice Ahmad Kamal Md Shahid continues.
