THE Federal Court has fixed January 5 to hear two applications for leave to appeal a challenge on the dissolution of parliament, which paved the way for the general election (GE). 

Klang incumbent Charles Santiago and Pandan voter Syed Iskandar Jaafar Al-Mahdzar have respectively filed applications to seek leave to appeal at the Federal Court after they lost their appeals in the Court of Appeal yesterday.

When contacted, Santiago’s lawyer A. Surendra Ananth and senior federal counsel Shamsul Bolhassan – representing the Election Commission (EC) chairman, caretaker prime minister Ismail Sabri Yaakob, and the government – confirmed the hearing date. 

Both Santiago and Syed Iskandar have filed legal actions in the High Court to challenge the prime minister’s advice to the Agong to dissolve parliament, which paved the way for the EC to hold the elections. 

However, they lost their cases in the High Court on October 28 and their appeals were dismissed by the Court of Appeal’s three-member panel yesterday, prompting them to file applications for leave to appeal at the Federal Court. 

Santiago wants the court to reinstate his originating summons, which he filed against Ismail, the government, and the EC. He is seeking several court orders including a declaration that Ismail’s request to the Agong for the dissolution of parliament was null and void as it was not made on the cabinet’s advice. 

Syed Iskandar, meanwhile, wants the court to give him leave to commence a judicial review application. He is seeking a declaration that the prime minister’s request to dissolve parliament was null and void and of no effect. 

In their respective notices of motion seeking leave to pursue appeals in the Federal Court, Santiago and Syed Iskandar have raised several questions of law. 

In civil cases, applicants must obtain leave before proceeding with their appeals in the Federal Court. – Bernama, November 17, 2022.