KUALA LUMPUR (Oct 12): Charles Santiago, the incumbent Klang Member of Parliament, has filed an originating summons (OS) against caretaker Prime Minister Datuk Seri Ismail Sabri Yaakob, the Government, and the Election Commission (EC) to stop the 15th general election (GE15) from being held in the monsoon season.
The OS was filed in the High Court on Tuesday (Oct 11), through Messrs Surendra Ananth, where Santiago sought a declaration that the power vested in the Yang di-Pertuan Agong, by Article 55(2) of the Federal Constitution, to dissolve Parliament can only be exercised in accordance with Article 40(1) and (1A) of the Constitution.
Furthermore, Santiago also sought a declaration that the request by Ismail Sabri to the Agong to dissolve Parliament was against Article 40(1) and (1A) of the Constitution, as the request was not made in furtherance of the advice, or on the basis of the general authority, of the Cabinet, and hence the request for the dissolution of Parliament should be considered null and void.
Consequentially, the Klang MP sought a declaration that the dissolution of the 14th Parliament on Monday was not in accordance with Article 55(2) and Article 40(1) and (1A) of the Federal Constitution, and an order to restrain the EC from taking steps to conduct the GE15.
He is also seeking costs and other orders deemed fit by the court.
Santiago’s basis for the judicial review is that the Agong should have acted on the advice of the Cabinet to dissolve Parliament, and based on information gathered, it was clear that the Cabinet did not accede to the request, and several of them had even written to the King to express their disagreement.
Hence, Ismail Sabri’s move allegedly violated Article 55(2), read together with Article 40(1) and (1A), as his request did not seem to be an advice within the meaning of the law based on Article 40(1) and (1A).
Hence, the dissolution of Parliament should have no effect, as it was done on a request to be considered invalid, and that any action by the EC to conduct the GE15 would be against the law, Santiago added.
The application was filed with a certificate of urgency.
It is understood that the hearing of the judicial review has been fixed for Oct 20, before High Court (appellate and special powers division) judge Datuk Ahmad Kamal Md Shahid.
On Monday, Ismail Sabri announced the dissolution of Parliament, after getting the consent of Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
The EC, meanwhile, has fixed Oct 20 to meet and decide dates for the GE15 and the Bugaya state election in Sabah.
Why should GE15 not be held?
Santiago, in his supporting affidavit for the application, said that Klang has 210,662 voters, and that last December, there was continuous rain for three days, resulting in floods in eight states, 54 deaths, and more than 7,000 people losing their homes.
The Agong himself, Santiago added, had also advised taking precautions during the flood season.
“The Klang constituency was one of the areas deeply affected by the floods, where 20 relief centres were opened.
“As there was no immediate assistance by the Federal Government, my office had to take measures to prepare food, and help people to move to the flood evacuation centres,” he said.
The Kesas highway, Setia Alam, and Jalan Meru, he said, were flooded at a height of three metres.
More than 18,000 people had to be evacuated to the flood relief centres, the incumbent Klang MP said. The Department of Statistics Malaysia estimated losses worth RM6.1 billion, with the Klang district alone being the most hit with RM1.2 billion in losses.
Santiago also showed political events leading to the dissolution of Parliament, including on Aug 22 this year, a day before former PM Datuk Seri Najib Razak was convicted and sentenced by the Federal Court in the SRC International Sdn Bhd case.
That day, Umno division leaders called for the dissolution of Parliament, while earlier this month, the party's secretary general Datuk Seri Ahmad Maslan called for the GE15 to be held before year end.
Santiago said the last date for Parliament to be dissolved is Sept 16 next year. He also said that the deputy director-general of the Meteorological Department earlier this month advised against holding the GE15 over fears of heavy floods.
Following this, the incumbent Klang MP said he wrote to the EC on Oct 4 to ask how the commission would help ensure voters in the constituency are able to vote if the GE15 is held before year end, but there was no reply by the EC.
Santiago also pointed out that other political parties are against holding the GE15 by year end, citing statements by caretaker Health Minister Khairy Jamaludin, PAS president Datuk Seri Abdul Hadi Awang, and Bersatu president Tan Sri Muhyiddin Yassin.
The federal lawmaker further claimed that Ismail Sabri had requested for the dissolution of Parliament from the Agong on his own, whereas quite a number in the Cabinet were opposed to it.
It was reported that 12 Cabinet members from Perikatan Nasional consisting of Bersatu and PAS were against holding the GE15 by year end.
“Hence, I believe that Ismail Sabri did not get the support of the Cabinet when seeking the dissolution of Parliament. MPs from Bersatu and Cabinet members said on Oct 10 that they were not informed of the request by Ismail Sabri to dissolve Parliament.
“Hence, I question Ismail Sabri’s statement that the election is to be held for the country’s well-being, when floods are expected to occur this month at the earliest,” he said.
Santiago felt that Ismail Sabri’s request for the dissolution of Parliament was not in accordance with the law, as it had not received the support of the Cabinet, and the caretaker PM did not act within the authority of the Cabinet as required by the Constitution.
For these reasons, including the possible floods and the illegality of the request for the dissolution of Parliament, Santiago wanted the court to grant an order in terms, as requested in his application.