Jan 5 for hearing of leave to appeal applications to challenge Parliament dissolution
PUTRAJAYA: The Federal Court has fixed Jan 5, next year to hear two applications to get leave to challenge the dissolution of Parliament which paved the way for the 15th General Election (GE15).
Incumbent Klang member of Parliament Charles Anthony R Santiago and Pandan voter Syed Iskandar Syed Jaafar Al-Mahdzar have respectively filed applications to seek leave to appeal, after they lost their appeals in the Court of Appeal Wednesday.
When contacted, Santiago’s lawyer A Surendra Ananth and senior federal counsel Shamsul Bolhassan representing the Election Commission chairman, caretaker Prime Minister Datuk Seri Ismail Sabri Yaakob and the government, confirmed the hearing date.
Both Santiago and Syed Iskandar have filed legal actions in the High Court to challenge the prime minister’s advice to the Yang di-Pertuan Agong to dissolve parliament, which paved the way for the Election commission to hold GE15.
However, they lost their cases in the High Court on Oct 28 and their appeals were dismissed by the Court of Appeal’s threemember panel Wednesday, prompting them to file leave to appeal applications to the Federal Court.
Santiago wants the court to reinstate his originating summons which he filed against Ismail Sabri, the government of Malaysia and the Election Commission, He is seeking several court orders including a declaration that Ismail Sabri’s request to the Yang diPertuan Agong for Parliament’s dissolution of Parliament was null and void as it was not made on the Cabinet’s advice.
Syed Iskandar, meanwhile, wants the court to give him leave (permission) to commence a judicial review application.
He is seeking a declaration that the Prime Minister’s request to dissolve Parliament is null and void and of no effect.
In their respective notices of motion seeking leave to pursue the appeal in the Federal Court, Santiago and Syed Iskandar have raised several questions of law.
In civil cases, applicants must obtain leave before proceeding with their appeals in the Federal Court.