
The hearing date also coincides with the nomination date for the 28 seats in the state legislative assembly.
Adly’s lawyer Razlan Hadri Zulkifli said the application would be heard before Judge Noorin Badaruddin at 9am.
Adly, the Melaka chief minister during the Pakatan Harapan (PH) administration, must get leave from the court before the merit of his complaint can be heard. He wants the High Court to revoke the writ issued by the EC on Oct 18.
In his application filed last week Adly named his successor, caretaker chief minister Sulaiman Md Ali, former state assembly speaker Ab Rauf Yusoh, the EC and Melaka governor Mohd Ali Rustam as respondents.
The Perikatan Nasional-led government collapsed after three executive councillors resigned and an Umno assemblyman withdrew support for Sulaiman. Sulaiman then advised the governor to dissolve the state assembly on Oct 4.
Adly now wants a court order that Sulaiman’s advice to the governor and the subsequent proclamation of dissolution be stayed pending the outcome of the court ruling.
In his affidavit in support of the application, he said Sulaiman could not advise the governor to dissolve the House to pave the way for an election as he had already lost the confidence of the majority of assemblymen.
Sulaiman is said to have had only 11 representatives backing him after the four retracted their support while PH had 13 in the 28-seat legislative assembly.
Further, he wants a declaration that the Oct 4 dissolution, which was gazetted the following day, is null and void on the basis that it was done without the knowledge of the governor.
Adly also wants the governor’s proclamation of dissolution to be quashed immediately.