ALOR SETAR: The decision by the Kedah government to cease issuing and renewing local business premises licences for number forecast operators is unconstitutional, the High Court ruled.
The court here found that the decision, made during a state executive council meeting, was ultra vires and violated the Federal Constitution.
Justice Mahazan Mat Taib delivered the judgment on June 20, ruling in favour of the representatives of three betting companies that sued the Kedah government, Sin Chew Daily reported.
It is understood that the Kedah government filed an appeal three days later.
The High Court ruled that the Kedah government’s decision to stop issuing and renewing business premises licences from Jan 1, 2023, violated the Federal Constitution.
This decision was made during the state executive council meeting on Dec 8, 2021.
Following this decision, the Alor Setar City Council notified operators that all related business premises licences would no longer be renewed.
The judgment noted that under Articles 73, 74, 75 and 80(1) of the Federal Constitution, the state government’s decision is illegal and must be revoked.
The High Court also ordered the defendants – the Kedah government, Kedah Mentri Besar Datuk Seri Muhammad Sanusi Md Nor, Alor Setar City Council, and its mayor Datuk Mohd Yusri Md Daud – to compensate the plaintiffs for their losses.
Meanwhile, in Perlis, the case of Sports Toto Malaysia and four other parties, which challenged the Perlis government’s decision not to allow betting outlets to apply for business premises licences, has been brought to the Court of Appeal for pre-trial case management.
The plaintiffs filed for judicial review in July last year, but the application was dismissed by the Kangar High Court in January.
The five parties then brought the case to the Court of Appeal.
The plaintiffs filed the case at the Kangar High Court on July 26, alleging that the Kangar Municipal Council’s directive to cease renewing their business premises licences was ultra vires and violated the Federal Constitution.
The directive was issued on April 27, 2023.
They claimed that the decision had resulted in unemployment and loss of income for their employees and that the move infringed on the rights of non-Muslims.
