KUALA LUMPUR (Oct 22): Former Melaka Chief Minister (CM) Adly Zahari had on Friday, filed a judicial review application to seek leave from the High Court to challenge the dissolution of the Melaka State Legislative Assembly.
Adly, 50, filed the leave application through the firm Messrs Gan Ho & Razlan Hadri.
He named the caretaker CM Datuk Seri Sulaiman Md Ali, the Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission and the Yang di-Pertua Negeri Tun Mohd Ali Rustam as respondents.
Adly is seeking a declaration that “it was illegal and therefore null and void” for Sulaiman to advise Mohd Ali on Oct 4 to dissolve the Legislative Assembly as he had by then ceased to command the confidence of the majority of the Assemblymen.
He is also seeking a declaration that in any event, Sulaiman's advice to dissolve the 14th Legislative Assembly is manifestly unreasonable and irrational due to the on-going Covid 19 pandemic.
Furthermore, he sought for the gazette of the dissolution of the Assembly, paving the way for the State-wide elections, to be declared null and void.
Adly, who was the 11th CM, is also seeking a certiorari order to quash Sulaiman's advice to Ali on Oct 4 to dissolve the Assembly.
“Consequentially, a declaration that [Mohd Ali’s] proclamation of the dissolution of the 14th Legislative Assembly, pursuant to Article 19(2) of the Malacca Constitution, that is published and gazetted by the State government on Oct 5, 2021, be declared null and void,” said the legal document.
Adly in his affidavit in support said that he believes under the law, Sulaiman should have tendered his resignation to Mohd Ali as the CM after having lost the confidence of the majority in the State Assembly.
“I also verily believe that it is also incumbent on [Mohd Ali] to take proper steps to make judgement as to whether another member of the Legislative Assembly is likely to command the confidence of the majority of members,” he said.
Additionally, he added that the State election slated to be held next month poses a serious danger to the health of the people and consequently their economic well-being and may be harmful to health facilities of the government.
This application came on the back of the dissolution of the Melaka State Legislative Assembly on Oct 4, and the installment of the existing government as the caretaker government until the State election is held in November.
The State election is scheduled to be held on Nov 20, with nomination day slated for Nov 8.
Ab Rauf had previously said a letter was sent to Mohd Ali by Sulaiman on Oct 4 to notify him about the four Assemblymen who declared that they had lost confidence in Sulaiman and to seek his consent for the dissolution of the State Assembly.
As a result of the four Melaka Assemblymen led by former Chief Minister Datuk Seri Idris Haron, declaring that they had lost confidence in Sulaiman’s leadership, the State government led by Barisan Nasional (BN) collapsed.
Prior to this, the BN-led State government held 17 seats in the 28-seat State Assembly, namely 14 from Umno, two from Bersatu and one independent, while the Opposition had 11 seats comprising DAP (seven), PKR (two) and Amanah (two).
Adly is also seeking for a certiorari order for the Election Commission's writ of election dated Oct 18 for the State election to be quashed, costs and other reliefs deemed fit by the court.
In his supporting affidavit, Adly said the first respondent had lost the support of the majority of State Assemblymen on Oct 3 and 4, therefore he was not clothed with any authority pursuant to the Melaka State Constitution to advise the fourth respondent to dissolve the State Assembly.
Adly said Melaka had been affected by a severe economic slowdown due to the Covid-19 pandemic since early 2020.
"The Covid-19 pandemic or endemic has had serious negative implications on the health of the people and their economic well-being. I also believe that holding the Melaka election at this time poses a danger to the health of the people," he said.