The decision of the Kota Kinabalu High Court to dismiss the challenge against the dissolution the State Legislative Assembly (DUN) shows that the constitution and institution of the Yang Dipertua Negeri Sabah are defended.

While welcoming the decision, interim Chief Minister Datuk Seri Mohd Shafie Apdal said the decision also dispelled the assumption that he had the 'absolute' power to dissolve the Sabah DUN on July 30.

"Therefore, to dissolve the House is not with me, not with any party, it is the absolute power of His Excellency (The Governor of Sabah).

"We can advise, we can give an opinion, we can ask, but the one who decides is TYT. And TYT has already signed and gazetted it.

"After that, the Election Commission (EC) has (issued) a writ and announced the date," he told the media today.

Mohd Shafie added that he really appreciated what the judiciary did in upholding the state constitution.

Earlier, at about 10.30 am, the Kota Kinabalu High Court decided to dismiss the judicial review of the challenge by 33 Members (ADUN) led by former chief minister Tan Sri Musa Aman after the court found that the decision of the TYT cannot be tried.

The ruling was made by Judicial Commissioner Leonard David Shim after a proceeding session at the courtroom of the Federal Court of Appeal, here.

Meanwhile, Mohd Shafie said with the ruling of the court, it will be the impetus for the preparation of the State Election (PRN) which will take place on September 26.

"What is important for us is our readiness to face the PRN, for us to return this right to the people, to determine the process of jumping here and there is an unhealthy practice.

"It is for us to say that the formation of the government has been going well over the years, but unfortunately, there are certain parties who were using not only their capabilities, but also their finances, to disrupt the stability of the state," he said.

The dissolution of the Sabah DUN began on July 30 after Mohd Shafie received the consent of His Excellency the Yang Dipertua Negeri Sabah Tun Juhar Mahiruddin.

It was after Musa, who is also the Sungai Sibuga assemblyman, received the support of a simple majority of 32 elected representatives to form a new government in Sabah.