Judge Noorin Badaruddin said as the head of state, Mohd Ali Rustam’s decision-making process whether to dissolve the assembly was non-justiciable (cannot be challenged in court).

“A dissolution of the legislature is non-justiciable and as such not amenable to judicial review,” she said.

Noorin said the Melaka constitution allowed a chief minister who no longer enjoyed the majority support of its assemblymen to make a request to the governor to dissolve the legislature.

She said this is what happened on Oct 4 when Sulaiman wrote a letter to the governor (Ali Rustam).

“Following the request by Sulaiman (first respondent), the governor (fourth respondent) had considered and assented to the dissolution of the 14th Melaka state assembly with effect from Oct 4 as he is empowered under Article 19 (2) of the state constitution,” she said.

Noorin agreed that the governor could have refused to dissolve the state assembly but did not exercise such discretion.

“The court also finds that there was never a question of advice given by Sulaiman to the governor to dissolve the legislature in the first place. There was a request and the governor could take steps pursuant to Article 7(4) of the state constitution.

“But the governor has rightly exercised his power under Article 19 (2) of the state constitution,” she said.

On Oct 22, Adly, who was the Melaka chief minister during the Pakatan Harapan (PH) administration, claimed Sulaiman only had 11 representatives backing him after four assemblymen retracted their support, while PH had 13 in the 28-seat legislative assembly.

Adly wanted 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 wanted the 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 had also named former assembly speaker Ab Rauf Yusoh and the EC as respondents.

The Melaka government collapsed after three executive councillors resigned and an Umno assemblyman withdrew support for Sulaiman.

The nomination process for the 28 seats in the state legislature was held on Monday, with early voting fixed on Nov 16 and polling on Nov 20.

Adly’s lawyer, Razlan Hadri Zulkifli, told reporters he would take instruction from his client on the next course of action.

One of the options is to file an appeal within 30 days from today to the Court of Appeal.

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