Klang MP Charles Santiago is seeking a court order to stop the 15th general election (GE15) from taking place this year due to the rainy season and floods.
In an originating summons filed at the Kuala Lumpur High Court yesterday, the DAP lawmaker named caretaker prime minister Ismail Sabri Yaakob, the government, and the Election Commission (EC) as respondents.
In the filing, Charles is seeking a declaration that Ismail Sabri’s request to the Yang di-Pertuan Agong to dissolve the Parliament was in contravention of Articles 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, Charles cited the flood 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 flood.
Charles 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.
“I verily believe that the request was legally wrong as it could only be done with the support of the Cabinet ministers.
“The first defendant (Ismail Sabri) made the request very close to the coming flood season without considering the effect it would bring to the rights of the voters to exercise their constitutional rights to vote.
“It is more likely than not that the voters, including voters in my constituency, would be forced to risk their lives to exercise their rights to vote,” he said.
A hearing has been fixed before High Court judge Justice Ahmad Kamal Md Shahid on Oct 20.