A Malaysian lawmaker is urging Malaysians to initiate legal action against the government for holding the general elections during the monsoon season.
Klang MP Charles Santiago said “his conscience” told him that holding a general election at this point in time was simply “unacceptable”.
Many in Selangor, Negeri Sembilan, Melaka, Pahang, and Perak woke up to heavy rains this morning. Water in major rivers rose to dangerous levels. Hundreds in Johor, Sabah, and Sarawak were evacuated due to floods.
“I went to Telok Gong (in Klang) this morning and certain areas were flooded. I couldn’t go in and had to use a 4×4 vehicle. And we are going to face an election,” Santiago told Twentytwo13 this afternoon.
“What’s the point of having an election if people cannot exercise their right to vote under Article 119 of the Federal Constitution if it rains heavily or floods on election day?”
Parliament was dissolved on Monday. This was following Prime Minister Datuk Seri Ismail Sabri Yaakob’s meeting with the Yang di-Pertuan Agong at Istana Negara a day earlier.
Several quarters, including those within Ismail Sabri’s Cabinet, were against holding the general elections during the transition into the monsoon season. The season usually starts in November, and ends in March the following year.
Following the call to dissolve Parliament, Santiago initiated legal proceedings against Ismail Sabri, the government, and the Election Commission at the Kuala Lumpur High Court yesterday. The matter will be heard on Oct 20.
In his originating summons, Santiago is seeking a declaration that the request made by Ismail Sabri to the Yang di-Pertuan Agong for Parliament to be dissolved contravened Article 40(1) and (1A) of the Federal Constitution. He said the request was not made in furtherance of the advice, or on the basis of the general authority of the Cabinet, and it was therefore null and void.
Twelve members of Ismail Sabri’s Cabinet had written to the Agong requesting that the elections not be held this year.
“People are calling me and telling me they are with me on this (court case). It is my view that anyone who is dissatisfied with the matter, should also file a legal suit,” said Santiago, who witnessed first-hand, the aftermath of the December 2021 floods that devastated Klang.
“Was there a consensus from the Cabinet before the dissolution took place? My contention is no, there was none, as some Cabinet ministers (from Perikatan Nasional) had earlier, written to the palace, not wanting Parliament to be dissolved.”
Santiago stressed he initiated the legal suit on his own accord, and that it had nothing to do with his party, the DAP.
“I am not challenging the power of the Agong, but the advice that was given by the prime minister to the King regarding the dissolution of Parliament.”
The blame game over the dissolution of Parliament started after Ismail Sabri fired the first salvo yesterday. The Bera MP claimed he had no choice but to seek dissolution as Perikatan Nasional (PN) had caused “disharmony” in the government after 12 of its MPs wrote to the King, stating that they were against a dissolution.
Tan Sri Muhyiddin Yassin, who is PN leader, fired back saying it was irresponsible for Ismail Sabri to push the blame on him and the coalition for making the government untenable.
Yesterday, the Election Commission announced it would meet on Oct 20 to decide on the nomination and polling dates for GE15.
Associate Professor Dr Azeem Fazwan Ahmad Farouk said a “bigger question” has yet to be answered by the commission.
“It has been three days since the dissolution, but we have not heard about any plans from the commission. We are going to be in for a surprise in the event there is a major change in the weather pattern,” said Azeem.
Azeem, who is director of Universiti Sains Malaysia’s Centre for Policy Research and International Studies, said there are so many factors involved, and the Election Commission must reveal their contingency plans.
“Schools and community halls will be used for the election, and these are the same venues that will be converted into flood relief centres if there is flooding.”
“Holding a general election is not as simple as pitching up a tent. There must be a backup plan. The commission must outline its plans, and backup plans, if floods strike during the general election,” he said.
Main image: Sarawak Fire and Rescue Department
