Ruling on Wednesday if dissolution of Melaka assembly can be challenged

Ruling on Wednesday if dissolution of Melaka assembly can be challenged

Senior federal counsel S Narkunavathy submits that Bukit Katil assemblyman Adly Zahari's challenge does not have an arguable case.

The Melaka governor proclaimed the dissolution of the state assembly on Oct 4 after the state government collapsed. (Bernama pic)
KUALA LUMPUR:
The High Court will rule on Wednesday whether former Bukit Katil assemblyman Adly Zahari can obtain leave for judicial review to challenge the Melaka governor’s decision to dissolve the state assembly on the purported advice of then chief minister Sulaiman Md Ali.

Judge Noorin Badaruddin fixed the date after hearing submissions from Adly’s lawyer, Razlan Hadri Zulkifli, and senior federal counsel S Narkunavathy, who represented the attorney-general.

At the leave stage, the attorney-general, who is the guardian of public interest, could appear before the court to oppose the application on grounds it is frivolous.

Narkunavathy submitted today that Adly’s challenge is non-justiciable and he did not have an arguable case that merits his complaint to be heard.

She said his application to stay the election pending the outcome of his legal challenge is misconceived and devoid of merit.

Razlan, however, submitted that Sulaiman had lost majority support of the 28 assemblymen to have an audience and advise the head of state to dissolve the assembly on Oct 4 to hold the state polls.

On Oct 22, Adly, who was the Melaka chief minister during the Pakatan Harapan (PH) administration, claimed 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.

Adly also wants the governor’s proclamation of dissolution on Oct 4 to be quashed immediately as the gazette notification made the following day was null and void on the basis that it was done without the knowledge of the governor.

He wants the High Court to revoke the writ of election issued by the Election Commission (EC) on Oct 18 and the state polls on Nov 20 to be halted pending a court ruling.

Adly has named Sulaiman, 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 is said to have advised the governor to dissolve the state assembly.

The nomination process for the 28 seats, which closed earlier today, will see at least three- cornered fights in almost all constituencies.

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