Caretaker PM, govt and EC seek to strike out Klang MP's originating summons

Charles had gone to court to stop the EC from conducting the 15th General Election (GE15) as the caretaker prime minister is said to have breached provisions in the Federal Constitution.

Santiago, who filed an originating summons at the High Court on Tuesday, named Ismail Sabri Yaakob, the government and the EC as respondents.

The defendants in their claim to strike out Charles' application, argued that there was no feasible cause of action the legal bid, as the powers of the King in the dissolution of Parliament was non-justiciable and cannot be challenged in court.

The defendants claimed, under Article 40(2)(b) and Article 55(2) of the Federal Constitution, the King had the prerogative to dissolve Parliament without obtaining the advice of the Cabinet.

"The issue of a request to dissolve the Parliament by the Prime Minister to the King on Oct 9, is academic since the King had accepted the request and consented to the dissolution of Parliament under Article 40(2)(b) and Article 55 (2)," said the defendants in their application.

The defendants in their application said the EC, under Article 55(4) of the Federal Constitution and read together with Article 113(1) of the Federal Constitution, has the duty of holding the General Election within 60 days of the dissolution of Parliament and the authority of the EC to have the General Election cannot be challenged.

Under Article 118 of the Federal Constitution, a challenge against the elections can only be made by way of an election petition.

Charles in his originating summons had also sought an injunction to bar the EC from holding the GE15 due to opposition from Cabinet ministers who were concerned with the floods normally brought by the monsoon season.

The High Court will hear the application on Oct 20.