KUALA LUMPUR: The Attorney-General's Chambers today objected to lawyer Dr Syed Iskandar Syed Jaafar's challenge to halt the 15th General Election.
Senior federal counsel Shamsul Bolhassan — who appeared for caretaker Prime Minister Datuk Seri Ismail Sabri Yaakob, the Election Commission and the government — said the applicant had failed to establish locus standi.
"The applicant did not state how his legal rights and liabilities are adversely affected by the dissolution of Parliament.
"The only information given about the applicant in the affidavit is that he is a registered voter, voted in GE14, and is entitled to participate in a general election," he said before judge Datuk Ahmad Kamal Md Shahid.
Shamsul said the applicant also failed to name decision makers for the dissolution of Parliament.
"It is trite that in a judicial review application, the decision maker must be named as a respondent.
"The failure to name the actual decision maker is fatal to an application for leave for judicial review.
"If the respondents are not the decision makers, a judicial review cannot lie against them and the application ought to be dismissed on that ground alone."
Counsel Datuk Seri Gopal Sri Ram, who appeared for Dr Syed Iskandar, argued that the king was not empowered to dissolve Parliament unless a request is made to him.
"The power to dissolve Parliament is vested in the Yang di-Pertuan Agong by Article 55(2) of the Constitution.
"But like all other powers under the constitution and written law, he (king) must exercise it on advice.
"The request must normally come from the prime minister unless for special reasons, a dissolution is requested by a minister of the cabinet acting on the authority of the cabinet.
"On the facts of our case, there is no dispute that it is the prime minister who made the request of dissolution."
On Friday, Syed Iskandar, 55, filed the application seeking a declaration that Ismail Sabri had acted unreasonably when exercising his power to request the dissolution of Parliament.
He also sought a declaration that the request by Ismail Sabri on Oct 9 to the Yang di-Pertuan Agong was null and void and of no effect.
The court fixed Oct 28 for decision.