KUALA LUMPUR – The High Court was today told that a lawsuit by incumbent Klang Member of Parliament (MP) Charles Santiago on the Oct 10 dissolution of Parliament was now academic with the Election Commission (EC) having set this Nov 19 as polling day for the 15th General Election (GE15).
Lawyer Tan Sri Zulkefli Ahmad Makinudin said the EC had also set Nov 5 for nomination.
Therefore, the originating summons filed by the plaintiff (Santiago) should be dismissed by the court as it is now rendered academic,” he submitted.
Zulkefli was making his submission before judge Datuk Ahmad Kamal Md Shahid in response to an application by the government, Prime Minister Datuk Seri Ismail Sabri Yaakob and the EC to nullify Santiago’s lawsuit which was filed last Oct 11.
EC chairman Tan Sri Abdul Ghani Salleh, at a press conference today, announced that polling for GE15 would be on Nov 19, while nomination is on Nov 5 and early voting on Nov 15.
The general election will involve all parliamentary seats throughout the country, with Perak, Pahang and Perlis holding their state elections simultaneously.
The Bugaya state by-election in Sabah will also be held at the same time.
Meanwhile, Zulkefli also submitted that the power to dissolve Parliament is the prerogative of the Yang di-Pertuan Agong, which cannot be questioned by the court.
He said the Agong can use his discretion to dissolve Parliament without having to seek the advice of the Cabinet under Article 40 (1) and Article 40(1A) of the Federal Constitution.
“Therefore, the plaintiff’s application is academic because the dissolution of Parliament has been implemented and it has been gazetted,” said the lawyer. – Bernama / pic TMR File