CHARLES Santiago is taking legal action against Putrajaya and two others, including caretaker Prime Minister Ismail Sabri Yaakob, over the dissolution of parliament.

The incumbent Klang MP filed the suit yesterday in the Kuala Lumpur High Court claiming the recent dissolution of parliament breached the Federal Constitution. 

In the court filing sighted by The Malaysian Insight, Santiago named Ismail, the Malaysian government and Election Commission (EC) as the defendants. 

Santiago, in his suit filed by lawyer Surendra Ananth, said the declaration of dissolution contravened article 40(1) of the Federal Constitution as the request from Ismail, in his capacity as the prime minister, to dissolve parliament was not made in consultation with the cabinet.

Santiago’s legal action comes after 12 Perikatan Nasional (PN) ministers sent a letter to Istana Negara opposing snap polls.

PN chairman Muhyiddin Yassin said that the ministers were not consulted on the dissolution.

Muhyiddin later said the letters to Agong have now become irrelevant as the king has consented to the dissolution.

The incumbent Pagoh MP also said the Agong gave his consent based on his evaluation of the situation and to adhere to the Federal Constitution.

Article 40 of the Federal Constitution states that the Yang di-Pertuan Agong shall act on the advice of cabinet in the execution of his constitutional powers, although article 40(2)(b) provides him with discretionary powers with regard to the dissolution of parliament.

Article 55 further states that the Agong has the power to dismiss or dissolve parliament, but does not specify that this must be on the advice of the cabinet.

Santiago is also looking to restrain the EC from holding the polls, citing the monsoon season and high possibility of floods.

Citing the massive floods last December, Santiago said it will be inconvenient to hold the polls at year-end.

With more than 210,000 voters in the Klang constituency, he said such a move will only risk the lives of the people.

In his affidavit, Santiago also said based on publicly available information, he believes the election cannot be held at year-end in the best interest of the nation. – October 12, 2022.