SFC: Adly Zahari’s legal action to stop Melaka polls non-justiciable


KUALA LUMPUR: The Attorney-General’s Chambers (AGC) has objected to the leave application for a judicial review brought by Adly Zahari to stop the Melaka state election scheduled for Nov 20, saying that the legal action brought by the former Melaka chief minister is non-justiciable.

Senior federal counsel S. Narkunavathy told the High Court that the applicant (Adly) did not have an arguable case for the merits to be heard at the substantive hearing of the judicial review.

“In connection with the unconstitutionality of legislation, we have seen that even where a fundamental right has been invaded by a statute, the individual who is affected thereby may not have a remedy from a court of law because the issue involved is not justiciable,” she said.

Adly, 50, filed the application by naming former Melaka Chief Minister Datuk Seri Sulaiman Md Ali, Melaka Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission (EC) and Melaka Yang Dipertua Negeri Tun Mohd Ali Rustam as the first, second, third and fourth respondents, respectively.

Narkunavathy further submitted that the core of the applicant’s challenge in the judicial review proceeding was the dissolution of the Melaka state legislative assembly on the premise that the first respondent (Sulaiman) ceased to command the confidence of the majority of the members.

“Guided by the dicta of the Court of Appeal in Tan Sri Musa Aman’s case, it is clear that matters relating to the proclamation and dissolution of the Assembly are clearly non-justiciable and insulated from judicial scrutiny. This leave application has no merit,” she said and sought the court to dismiss the leave application.

Counsel Razlan Hadri Zulkifli, representing Adly, countered that the first respondent (Sulaiman) had no constitutional basis to advise the fourth respondent (Mohd Ali) to dissolve the state assembly.

He said it was clear that Sulaiman had already ceased to command the confidence of the majority when he allegedly advised Mohd Ali. the fourth respondent, to dissolve the assembly.

Judge Datuk Noorin Badaruddin will deliver her decision today on whether to grant leave to Adly for the full merits of his application to be heard.

Adly is seeking a declaration that Sulaiman’s action in advising Mohd Ali on Oct 4 to dissolve the state assembly was illegal and therefore null and void. — Bernama

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 46
Cxense type: free
User access status: 3
Join our Telegram channel to get our Evening Alerts and breaking news highlights
   

Next In Nation

Perak Forestry Dept to investigate claims of logging in forest reserve
Devotees grateful for modest yet meaningful Thaipusam celebration
Photo gallery: Thaipusam celebrations in Malaysia
Covid-19: Health Ministry investigating AEFI involving Perlis mufti's father
Bersatu's Sedili rep claims political conspiracy after sexual harassment report filed against him
Veteran footballer Dollah Salleh, family involved in car crash, say cops
K'tan Forestry Dept says area in viral image of logging not close to Gua Musang tiger habitat
Vax certs offered for RM500
Court to decide on Khairy’s appeal on Feb 7
Teacher recruitment to be sped up, says Radzi

Others Also Read


Vouchers