Legal action to stop Melaka polls non-justiciable – AGC

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 nonjusticiable.

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 Melaka Chief Minister Datuk Seri Sulaiman Md Ali, Melaka State Assembly Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission (EC) and Melaka Yang di-Pertua 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 nonjusticiable 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 Legislative Assembly.

He said it was clear that the first respondent had already ceased to command the confidence of the majority when he allegedly advised the fourth respondent to dissolve the State Legislative Assembly.

“Hence the applicant submits that unless the fourth respondent had exercised his discretion under Article 8(2) of the Melaka State Constitution, that is, to withhold the request to dissolve the State Legislative Assembly, the proclamation to dissolve it under Article 19(2) of the Melaka State Constitution is not an exercise of his discretion,” the lawyer said.

Judge Datuk Noorin Badaruddin fixed Nov 10 to deliver her decision on whether to grant leave to Adly for the full merits of his application to be heard.