Justice Ahmad Kamal Md Shahid said the dissolution of Parliament was non-justiciable and could not be entertained by a court of law.

“This application is also frivolous and not sustainable even if leave is granted,” he said.

He said, under the Federal Constitution, it was the Yang di-Pertuan Agong who had the discretion to dissolve Parliament after being advised by the prime minister.

Syed Iskandar Syed Jaafar, a voter in the Pandan parliamentary constituency, had named Prime Minister Ismail Sabri Yaakob, the EC chairman, and the government as respondents in his application filed on Oct 14.

The judge said the dissolution of Parliament was a matter between the legislative and executive arms of the government.

“With caution, it should not be entertained by the judiciary,” he added.

He said Articles 32(1), 40(2)(b) and 55(2) showed that the framers of the supreme law of the land had intended that the dissolution of Parliament be solely entrusted to the king.

“The king is the ultimate decision maker,” he said, adding that the prime minister could only make a request to dissolve the Dewan Rakyat.

Kamal also dismissed lawyer Gopal Sri Ram’s application to stay the judge’s ruling pending the outcome of an appeal in Court of Appeal.

Earlier, Attorney-General Idrus Harun, in his capacity as guardian of the public interest, had objected to Syed Iskandar application for leave.

He submitted that the King was the actual decision maker and His Majesty’s dissolution of Parliament cannot be reviewed by the court.

Syed Iskandar was seeking a declaration that the request by Ismail, which was made to the King on Oct 9, is null and void and of no force or effect.

He contended that Ismail was wrong to rely on Articles 40(2)(b) and 55(2) of the Federal Constitution to end the term of the Dewan Rakyat.

He wanted a writ of prohibition to stop the EC chairman and his servants or agents from taking steps to conduct GE15.

Syed Iskandar, a lawyer by profession, said Ismail acted in breach of his fiduciary duties as he had failed to consider the welfare and interests of the poorer segments of the voting public.

He said Ismail also failed to consider the impact of potential floods.

Instead, he said, the caretaker prime minister only considered the interests of Umno president Ahmad Zahid Hamidi, who is facing criminal charges.

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