In legal papers filed by law firm Daniel & Wong on Oct 10, Anwar argued that the suit, in substance and effect, constituted a direct challenge to his 2022 election to the Dewan Rakyat.
The PKR president said the suit contravened Article 118 of the Federal Constitution, which prohibits an election from being questioned except by way of an election petition.
He said it also contravened various other mandatory constitutional and statutory procedures and requirements prescribed for challenging the outcome of an election.
In particular, Anwar said Waytha’s suit violated Section 33 of the Election Offences Act 1954 as it was not brought before an election judge. He also said it was filed out of time and that Waytha lacked the requisite legal standing to bring the action.
“The originating summons was commenced for improper and/or collateral purposes, including to obtain political mileage, preserve political relevance, and/or to harass the defendant (Anwar),” Anwar said in papers sighted by FMT.
He also claimed that the suit was obviously unsustainable, did not disclose a reasonable cause of action against him, and was frivolous, vexatious and an abuse of court process.
Anwar is seeking that all proceedings in the suit be stayed pending the disposal of his striking out application.
Waytha filed the suit on Aug 14, seeking a judicial declaration that a 2018 royal pardon secured by Anwar did not exempt him from the five-year constitutional disqualification imposed on individuals convicted of criminal offences.
He asked the High Court here to declare Anwar’s election as Tambun MP on Nov 19, 2022, and his appointment as prime minister five days later, null and void.
Waytha, a minister in Dr Mahathir Mohamad’s administration between 2018 and 2022, said the suit was a public interest action intended to uphold the rule of law and constitution, and protect the integrity of Malaysia’s parliamentary democracy.
The Malaysian Advancement Party president argued that Anwar was disqualified from serving as a member of the Dewan Rakyat under Article 48(1)(e) of the Federal Constitution due to his conviction and criminal sentence.
On Oct 6, he applied for the High Court to refer two legal questions to the Federal Court for determination. The questions involved the grant of a royal pardon and waiver of a five-year ban from contesting elections.
The application, filed by solicitors Kartig Shan, was made under Article 128(2) of the constitution and Section 84 of the Courts of Judicature Act 1964.
Both applications will come up for case management before a deputy registrar of the High Court on Oct 28.
On May 16, 2018, the 15th Yang di-Pertuan Agong, Sultan Muhammad V, granted Anwar a full pardon for three cases involving abuse of power and sodomy charges, citing a “miscarriage of justice”.
Anwar told a press conference at the time that the pardon was also granted on the basis that there was a conspiracy to condemn him and assassinate his political character.