KUALA LUMPUR: Prime Minister Datuk Seri Ismail Sabri Yaakob did not need to consult his Cabinet in requesting the dissolution of the 14th Parliament from the Yang di-Pertuan Agong, the High Court has ruled.
Justice Ahmad Kamal Md Shahid said this in his decisions in two legal challenges 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 Executive and does not need to consult his 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 a Zoom proceeding here yesterday.
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 in his discretion to dissolve the 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 the court process.
In Syed Iskandar’s lawsuit, Justice Ahmad Kamal did not make an order as to costs.
On Oct 14, Syed Iskandar, 55, applied for leave to initiate a judicial review in seeking a declaration that the request by Ismail Sabri to the King on Oct 9 for the dissolution of Parliament under Articles 40(2)(b) and 55(2) of the Federal Constitution is null and void and of no effect.
He is also seeking 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 Oct 11, Santiago filed the originating summons to seek a court order in his bid to stop the General Election due to the rainy season and floods.
He named Ismail Sabri as the Prime Minister at the material time, the government and EC as the first, second and third defendants, respectively.
Ismail Sabri then applied to strike out Santiago’s lawsuit on Oct 14 because the declaration by the King 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 yesterday’s proceedings.
