For this to happen, Gopal Sri Ram said, the Cabinet would have to advise the King as provided for under the Federal Constitution.

Article 150(1) states that if the King is satisfied that a grave emergency exists where the security, or the economic life, or public order in the federation or any part thereof is threatened, he may issue a proclamation of emergency.

“However, this power must be read in tandem with Article 40 of the Constitution as the King shall act in accordance with the advice of the Cabinet or a minister,” he told FMT.

Sri Ram said this in response to a call by the Pakatan Harapan (PH) presidential council to the government to postpone the upcoming Johor elections because of the rising number of Covid-19 cases, especially involving the Omicron variant.

If, however, the Election Commission (EC) decides to go ahead, the opposition coalition wants campaigning and ceramahs to be allowed.

Sri Ram said if an Emergency is declared, the Johor Ruler could then allow the caretaker menteri besar and his executive council to administer the state until such time it is conducive to hold the elections.

“There will be no state assembly as the legislature has been dissolved,” he said.

He said that due to time constraints it would be difficult for any person adversely affected to move the court to stop the election.

“The problem with that kind of action is that the elections will be over by the time the court makes a ruling,” he said.

EC chairman Abdul Ghani Salleh yesterday announced that polling will take place on March 12, with early voting set for March 8.

Nominations will be called on Feb 26.

The 56-seat Johor state assembly was dissolved on Jan 22 after the Barisan Nasional-led government’s majority was reduced to a solitary seat following the death of Bersatu’s Kempas assemblyman, Osman Sapian, in December.