The dissolution resulted in the Election Commission (EC) calling for the 15th general election, with polling fixed on Nov 19.
Lawyer A Surendra Ananth, a member of ex-Klang MP Charles Santiago’s legal team, said the date was relayed to the parties by deputy registrar Rashidah Roslee.
“The legal challenge may be academic, but we will persuade the Federal Court to clarify the legal position,” he told FMT.
Both applications were filed with the intention of stopping the EC from conducting the polls.
In their applications, the duo have posed legal and constitutional questions which they say the apex court must consider at the hearing of the appeal proper.
The Federal Court will only hear an appeal on its merits if it raises a question of law which has not previously been ruled on or involves an important question for which a decision would be to public advantage.
Both Santiago and Syed Iskandar Syed Jaafar filed for leave to appeal in the Federal Court after their appeals against the decisions handed down by the Kuala Lumpur High Court were dismissed on Tuesday.
A three-member Court of Appeal bench upheld an Oct 28 High Court ruling that the King had absolute discretion as to whether to accept the prime minister’s advice and dissolve the Dewan Rakyat.
“The absolute discretion of the Yang di-Pertuan Agong to accede to the request of the prime minister to dissolve Parliament cannot be brought to court on grounds of non-justiciability,” said justice Azizah Nawawi, who delivered a unanimous ruling.
Azizah also said a consequential order to restrain or prohibit the EC from conducting the polls within 60 days once the Dewan Rakyat was dissolved was untenable in law.
Santiago is asking the Federal Court to reinstate his originating summons which named Prime Minister Ismail Sabri Yaakob, the government and the EC as respondents. He contends that Ismail’s request for the King to dissolve Parliament was null and void as it was not made on the Cabinet’s advice.
Syed Iskandar, meanwhile, wants the court to give him leave to commence judicial review proceedings against the same respondents.