KUALA LUMPUR: Former Melaka Chief Minister Adly Zahari today failed in his bid to obtain leave from the High Court to stop the Melaka state election scheduled for Nov 20.
The former Bukit Katil assemblyman, in his application for leave to initiate a judicial review, has also sought a declaration that the dissolution of the 14th Melaka State Assembly on Oct 4 was null and void.
Judge Datuk Noorin Badaruddin, in dismissing Adly's leave application, ruled that the decision by Melaka Yang Dipertua Negeri Tun Mohd Ali Rustam to dissolve the state assembly is non-justiciable.
Justice Noorin in her brief judgment said that Article 7 (4) of the Melaka State Constitution allows Chief Minister Datuk Seri Sulaiman Md Ali, after no longer having the confidence of the majority of the assemblymen, to make a request to the Yang Dipertua Negeri for dissolution of the state assembly.
"Following the request of the first respondent (Sulaiman), the fourth respondent (Mohd Ali) had considered and assented to the dissolution of the 14th Melaka State Assembly with effect from Oct 4, as he is empowered to do so pursuant to Article 19 (2) of the state constitution.
"It is the finding of this court that there was never a question of advice given by the first respondent to the fourth respondent to dissolve the state assembly in the first place. There was just a request and based on the request, the fourth respondent can take the steps pursuant to Article 7 (4) of the constitution where such request was assented to.
"The fourth respondent had rightly exercised his power under Article 19 (2) of the constitution. This is the process that the fourth respondent had taken," said Justice Noorin.
The judge further said that the dissolution of the state assembly is non-justiciable and consequently not amenable for judicial review.
"The subject matter has been settled. There is no merit for further argument and this application is dismissed with no order as to costs," she added.
Adly, 50, filed the application by naming Sulaiman, Melaka State Assembly Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission (EC) and Mohd Ali as the first, second, third and fourth respondents, respectively.
Adly had sought a declaration that the Sulaiman's action in advising Mohd Ali on Oct 4 to dissolve the state assembly after no longer having the confidence of the majority of the assemblymen was illegal and therefore null and void.
He had also sought a declaration that it was unreasonable and irrational for Sulaiman to advise Mohd Ali to dissolve the state assembly in the circumstances of the ongoing COVID-19 pandemic or its endemic phase in the country.
Adly also sought a certiorari order for the Election Commission's writ of election dated Oct 18 for the state election to be quashed; costs and other relief deemed fit by the court.
Counsel Razlan Hadri Zulkifli, representing Adly, told reporters that he would take instructions from his client on the next course of action.
Senior federal counsel S. Narkunavathy and Ahmad Hanir Hambaly acted for the Attorney-General's Chambers (AGC).
-- BERNAMA
Bernama
Wed Nov 10 2021
Adly Zahari in his application for leave to initiate a judicial review, has also sought a declaration that the dissolution of the 14th Melaka State Assembly on Oct 4 was null and void. - BERNAMA
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.