Incumbent Klang MP goes to court to stop GE15

Malaysiakini : Incumbent Klang MP Charles Santiago is seeking a court order to stop the 15th general election (GE15) from taking place this year. In an originating summons filed at the Kuala Lumpur High Court yesterday, the DAP lawmaker named caretaker prime minister Ismail Sabri Yaakob, the government, and the Election Commission (EC) as respondents.

In the filing, Charles is seeking a declaration that Ismail Sabri's request to the Yang di-Pertuan Agong to dissolve Parliament was in contravention of Articles 40(1) and (1A) of the Federal Constitution.

According to Charles, the request (to dissolve Parliament) was not made on the advice of the cabinet, and is, therefore, null and void.

He also sought a declaration that the dissolution of Parliament was not in accordance with Article 55(2) and Article 40(1) and (1A) of the Federal Constitution, and an order to stop the EC from taking any steps to conduct the election.

In addition, Charles is also seeking costs and other orders deemed fit by the court. In the affidavit, he cited the rainy season and the ensuing flood risk as a reason to stop the election. "My constituency of Klang, which has 210,662 voters, was among the worst hit in the floods last December, which saw at least 54 killed, and displaced at least 71,000 people in Peninsular Malaysia," he said.

Bosku Merpati : Well done YB Santiago - The key question needs to be answered and one man with the courage is asking it. Whether the PM was acting under the general authority of the Cabinet or under coercion by his party boss ?

While it is good to seek the people’s mandate as soon as possible - politicians cannot call an election for intentions of a highly suspicious nature. Zahid’s speech to the MIC has cast further doubt on the matter. Article 40. Yang di-Pertuan Agong to act on advice.

1)In the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.

1A)In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice. This MP who is in the midst of flood preparation in Klang , is known to walk the talk . He was returned by the people of Klang with a super-majority , and hardly have any reason to fear the polls.

Very concerned citizen : Thanks Charles for having the guts to take this to the courts.It is an uphill task but worth trying.We need to stop the corrupters like Zahid to have their way.Hope justice prevails and that Zahid and other corrupt leaders will go into the jail and join Najib

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