KUALA LUMPUR, Oct 22 — Former Melaka Chief Minister Adly Zahari today filed a legal action in the High Court here to stop the Melaka state election scheduled for Nov 20.
The former Bukit Katil assemblyman in the application for leave to initiate a judicial review, also sought a declaration that the dissolution of the 14th Melaka State Assembly on Oct 4 was null and void.
Adly, 50, filed the application through the law firm Messrs Gan Ho & Razlan Hadri by naming Melaka Chief Minister Datuk Seri Sulaiman Md Ali, Melaka State Assembly Speaker Datuk Seri Ab Rauf Yusoh, Election Commission (EC), and Melaka Yang Dipertua Negeri Tun Mohd Ali Rustam as the first, second, third and fourth respondents.
Adly is seeking a declaration that the action of the first respondent (Sulaiman) in advising the fourth respondent (Mohd Ali) on Oct 4 to dissolve the state assembly according to Article 19 (2) of the Melaka State Constitution after no longer having the confidence of the majority of the assemblymen prior to that was illegal and therefore null and void.
He is also seeking a declaration that it was unreasonable and irrational for the first respondent to advise the fourth respondent to dissolve the state assembly in the circumstances of the ongoing COVID-19 pandemic or endemic in the country.
Adly is also seeking for a certiorari order for the Election Commission’s writ of election dated Oct 18 for the state election to be quashed, costs and other reliefs deemed fit by the court.
In his supporting affidavit, Adly said the first respondent had lost the support of the majority of state assemblymen on Oct 3 and 4, therefore he was not clothed with any authority pursuant to the Melaka State Constitution to advise the fourth respondent to dissolve the state assembly.
Adly said Melaka had been affected by the severe economic slowdown due to the COVID-19 pandemic since early 2020.
“The COVID-19 pandemic or endemic has had serious negative implications on the health of the people and their economic well-being. I also believe that holding the Melaka election at this time poses a danger to the health of the people,” he said.