KUALA LUMPUR: Former Melaka chief minister Adly Zahari has filed an application for leave to initiate a judicial review to challenge the dissolution of the 14th Melaka legislative assembly.
He is also seeking a court order to stop the upcoming state election that is expected to take place on Nov 20.
The leave application was filed through law firm Messrs Gan Ho & Razlan Hadri here on Friday (Oct 22).
Adly, 50, who is the sole applicant, named caretaker chief minister Datuk Seri Sulaiman Md Ali, Speaker of the Melaka state legislative assembly Datuk Seri Ab Rauf Yusoh, the Election Commission and Melaka Yang di-Pertua Negeri Tun Mohd Ali Rustam as the first, second, third and fourth respondents respectively.
In his supporting affidavit, Adly said Sulaiman, the first respondent, had lost the support of the majority of state assemblymen earlier this month and therefore, he was not clothed with any authority pursuant to the Constitution of the State of Melaka to advise Mohd Ali to dissolve the state legislative assembly under Article 19 (2).
Adly, who is Parti Amanah Negara vice-president, claimed the advice by Sulaiman to Mohd Ali was "illegal and therefore null and void", as Sulaiman had ceased to command the confidence of the majority prior to that.
"I am advised by my solicitors, and I verily believe that it is open under the law to Mohd Ali to require Sulaiman to tender his resignation as the chief minister, having lost the confidence of the majority of the Aduns," he said.
Adly also said that it was "manifestly unreasonable and irrational" for Sulaiman to advise Mohd Ali to dissolve the state assembly in the circumstances of the ongoing Covid-19 pandemic or endemic in the country.
Adly is seeking 13 reliefs from the court including a court order that Sulaiman's advice was illegal, null and void, as well as an act of mala fide.
He 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.
Adly was chief minister from May 11, 2018 until March 2 last year.
It was reported that the state government collapsed after another former chief minister Datuk Seri Idris Haron announced that he and three other assemblymen – Pantai Kundor’s Datuk Nor Azman Hassan (Umno), Telok Mas’ Noor Effandi Ahmad (Bersatu) and Datuk Norhizam Hassan Baktee (independent) – withdrew their support for Sulaiman.