KUALA LUMPUR: Caretaker Prime Minister Datuk Seri Ismail Sabri Yaakob wants to strike out the lawsuit by Klang MP Charles Santiago who sought to stop the 15th General Election.
The notice of application for striking out was filed via Messrs Hafarizam Wan & Aisha Mubarak at the High Court registry on Friday (Oct 14).
In his application, Ismail Sabri said the declaration by the Yang di-Pertuan Agong to dissolve the 14th Parliament was non-justiciable and could not be disputed in the court of law.
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"The power to dissolve Parliament is under the prerogative of the YDPA under Article 40(2)(b) and Article 55(2) of the Federal Constitution whereby the King can use his discretion to dissolve Parliament without the advice of Cabinet ministers under Article 40(1) and Article 40(1A) of the Constitution.
Therefore, he said that Santiago's originating summons did not disclose any cause of action or reasonable cause against the defendants.
He added that the originating summons was frivolous and an abuse of court process.
On Oct 11, Santiago filed an originating summons to seek a court order in his bid to stop the General Election due to the rainy season and floods.
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He named Ismail Sabri in his capacity as the prime minister at the material time, the government and the Elections Commission as the first, second and third defendants respectively.
Santiago is seeking a court declaration that Ismail Sabri's request to the Yang Di-Pertuan Agong on Oct 9 for the dissolution of the 14th Parliament contravened Article 40(1) and (1A) of the Federal Constitution as the request was made by sidestepping the Cabinet and is therefore null and void.
He is seeking a declaration that the 14th Parliament's dissolution on Oct 10 was not in accordance with Article 55(2) of the Federal Constitution and therefore has no legal effect.
In his supporting affidavit, Santiago cited the floods that badly hit eight states in December last year which ultimately resulted in 54 deaths with more than 71,000 people displaced.
He said his constituency, Klang, was one of the badly affected places during the floods.
Santiago claimed that Ismail Sabri had made the request to the King for the Parliament dissolution to take place on a "personal basis" without the support of the Cabinet ministers.
He said voters would be forced to risk their lives to exercise their rights to vote in the elections.
A hearing has been fixed before High Court judge Justice Ahmad Kamal Md Shahid on Oct 20.
