Lawyer R Kengadharan, a member of the legal team representing Syed Iskandar Syed Jaafar, said the Court of Appeal registry informed him of the matter earlier today.
Syed Iskandar, a voter in the Pandan parliamentary constituency, wants a stay pending the disposal of his appeal against justice Ahmad Kamal Md Shahid’s ruling delivered last Friday.
The judge said on Oct 28 that the dissolution of Parliament was non-justiciable and could not be entertained by a court of law.
“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 had also dismissed Syed Iskandar’s application to stay his ruling pending the outcome of his appeal to the Court of Appeal.
On the same day, Syed Iskandar filed a notice of appeal against Kamal’s ruling. He filed the stay application yesterday accompanied by a certificate of urgency.
Alternatively, Syed Iskandar will ask the appellate court to convert the stay application to a hearing of the appeal proper as he had already filed his memorandum of appeal.
The lawyer contends that Kamal had taken irrelevant considerations into account when denying him leave, thereby preventing the hearing of his case on its merits.
Syed Iskandar named Prime Minister Ismail Sabri Yaakob, the EC chairman, and the government as respondents in his application for leave to commence judicial review proceedings, which was filed in the High Court on Oct 14.
He sought a declaration that the request by Ismail, which was made to the King on Oct 9, was 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 prime minister only considered the interests of Umno president Ahmad Zahid Hamidi, who is facing criminal charges.