Justice Alice Loke allowed the prime minister’s application to strike out the suit in a decision delivered this morning.

She also ordered Waytha to pay Anwar RM80,000 in costs.

Waytha had sought a declaration that Anwar should not have been elected in the November 2022 general election or appointed prime minister. He filed the originating summons last year.

He contended that Anwar’s 2018 royal pardon did not explicitly lift the five‑year disqualification from contesting elections prescribed in the Federal Constitution.

On that basis, Waytha argued that Anwar’s election as Tambun MP on Nov 19, 2022, and his appointment as prime minister five days later, were null and void.

“The originating summons discloses no reasonable cause of action. As it lacks any legal basis, the suit is also frivolous and vexatious,” Loke said when delivering her judgment.

“Given the settled legal position, the suit amounts to an abuse of the court’s process. The originating summons is plainly unsustainable and unarguable. It would be pointless to allow it to proceed.

“In the result, the defendant’s application is allowed and the originating summons is struck out,” the judge added.

Loke also said that her court was not an election court, nor was the proceeding an election petition.

“The plaintiff proceeds on the basis that the defendant was ineligible to stand for election.

“This argument is misconceived. The question of disqualification at the time of election must be determined via an election petition,” she said, citing Section 33(1) of the Election Offences Act, which mandates an election petition be tried by an election judge.

Waytha subsequently told the media that he would be appealing the decision.

Lawyer Ranjit Singh represented Anwar while S Karthigesan appeared for Waytha.

Federal counsel Sallehuddin Ali from the Attorney-General’s Chambers acted as amicus curiae.