PUTRAJAYA (Nov 1): A Pandan voter's bid to stay the High Court decision last Friday (Oct 28) — which dismissed his leave application for judicial review to stop the 15th general election (GE15) from being held this month — has been fixed for hearing at the Court of Appeal on Friday (Nov 4).

If the appellate court allows a stay, it may disrupt the nomination day fixed for Saturday (Nov 5) by the Election Commission (EC).

The Friday hearing date for the bid by the Pandan voter, lawyer Dr Syed Iskandar Syed Jaafar, to stay the High Court decision was confirmed by one of his counsels, R Kenghadharan, when contacted by The Edge following case management on Tuesday (Nov 1) afternoon.

Last Friday, High Court judge Datuk Ahmad Kamal Md Shahid dismissed Syed Iskandar's application, saying the Yang di-Pertuan Agong's discretion to dissolve Parliament was non-justiciable (cannot be disputed in court) and that caretaker Prime Minister Datuk Ismail Sabri Yaakob did not need to consult the Cabinet to seek a dissolution.

Syed Iskandar was questioning the validity of Ismail Sabri's request to seek the dissolution of Parliament. He named the Prime Minister's Department, the government and the EC as respondents.

"The discretion of the Yang di-Pertuan Agong in deciding to dissolve the assembly is non-justiciable in any proceedings. The judiciary also cannot enter into the realm of the executive or legislature," the judge said.

Ahmad Kamal also dismissed the application by Syed Iskandar's lead counsel Datuk Seri Gopal Sri Ram for a stay of the High Court's decision, prompting this appeal at the Court of Appeal.

Meanwhile, the Court of Appeal on Tuesday also fixed Nov 14 to hear incumbent Klang Member of Parliament Charles Santiago's appeal to nullify the holding of GE15 following questions surrounding the dissolution of Parliament.

Charles' lawyer Surendra Ananth confirmed the hearing date when contacted by The Edge.

Ahmad Kamal struck out Charles' originating summons last Friday, ruling that the action to nullify the dissolution as decided by the Yang di-Pertuan Agong was non-justiciable and could not be reviewed by the court.

Ahmad Kamal also said the prime minister was not bound by the Cabinet's advice.

"He may consult one or two senior ministers before making decisions. He does not need the Cabinet's approval in advising the Agong to dissolve Parliament," the judge said, adding that the case had no merit, was frivolous, vexatious and an abuse of the court process.

Charles named Ismail Sabri, the government and the EC as respondents.

The High Court judge said the decision to dissolve Parliament was the absolute discretion and prerogative right of the Yang di-Pertuan Agong under Article 55(2) read together with Article 40(2) of the Federal Constitution.

He said Article 55(2) must be read together with Article 40(2)(b), which states that the withholding of consent to a request for the dissolution of Parliament is under the discretion of the Yang di-Pertuan Agong.

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