GEORGE TOWN: There is nothing wrong in the way the Parliament was dissolved on Oct 10, a criminologist said today.
Dr Shamsher Singh Thind, an Advocate and Solicitor, said Article 55 Clause (2) of the Federal Constitution clearly gave the power to the Yang di-Pertuan Agong to dissolve the Parliament.
He said according to Article 40 Clause (1), the King acted in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, which ordinarily refers to the Prime Minister.
"In fact, according to Article 43 Clause (4), the Prime Minister, even upon ceasing to command the confidence of the majority of the members of the House of Representatives, is still allowed to request to the Yang di-Pertuan Agong to dissolve the Parliament.
"And, according to Article 40 Clause 2 (b), the Yang di-Pertuan Agong has the discretionary power to withhold his consent to a request for the dissolution of Parliament.
"Ultimately, the King makes the decision," he told the New Straits Times in response to an injunction filed by Klang member of parliament Charles Santiago to defer the 15th General Election (GE15), citing possible flood risks.
In court documents sighted by the NST, the DAP leader named caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the government and the Election Commission (EC) as defendants.
Secondly, Shamsher said, Section 54 (d) of the Specific Relief Act 1950 provided that an injunction could not be granted to interfere with the public duties of any department of any government in Malaysia.
Likewise, he said, Section 29 (1)(a) Government Proceedings Act 1956 provided that no court shall grant an injunction but may in lieu thereof make an order declaratory of the rights of the parties.
He also noted that Article 55 Clause (4) made it mandatory that whenever the Parliament is dissolved, a general election shall be held within 60 days from the date of the dissolution.
"And it is the public duty of the EC to conduct the general election pursuant to Article 113 Clause (1).
"As such, any attempt to stop the upcoming general election is, in my opinion, nothing more than a pursuit of self-interest which does not benefit the nation," he added.
In his injunction Santiago is seeking several declarations from the court, including that the request by Ismail Sabri to the King for the Parliament to be dissolved was a contravention of Article 40 (1) and (1A) of the Constitution.
In the originating summons, Santiago said the request for dissolution was not made on the advice of the cabinet, and therefore was null and void.
He also said the dissolution of Parliament, made on Oct 10, was not in accordance with Article 55 (2), read with Article 40 (1) and (1A), and had no legal effect.
He is also seeking for the court to issue an order to restrain the EC, its agents, servants and employees from taking steps to conduct GE15.
In the supporting affidavit, he said it was clear from Ismail Sabri's speech on Monday that the dissolution of Parliament was a personal request.