KUALA LUMPUR (Nov 10): The High Court here on Wednesday (Nov 10) dismissed former Melaka chief minister (CM) Adly Zahari's challenge against the Melaka State Legislative Assembly's dissolution on Oct 4, 2021 ahead of the scheduled Melaka state election on Nov 20, 2021 as the High Court deems there is no merit in Adly's further argument on the matter.

High Court Judge Datuk Noorin Badaruddin said on Wednesday the High Court rejected Adly's application for judicial review on the Melaka State Legislative Assembly's dissolution as the decision by Melaka Yang di-Pertua Negeri Tun Mohd Ali Rustam is non-justiciable.

In legal terminology, justiciability involves limits under which a court can exercise its authority in legal matters.

"The subject matter has been settled. There is no merit for further argument and this application is dismissed with no order as to costs," Noorin said.

In her decision, Justice Noorin said Article 7(4) of the Malacca Constitution stipulates that if the CM ceases to command the confidence of the majority of the Legislative Assembly, then, unless at his request the Yang di-Pertua Negeri dissolves the Legislative Assembly the CM shall render the resignation of the executive council.

The constitution, she said, therefore allows for the CM who no longer enjoys the confidence of the majority the state legislative assembly to make a request to the Yang di-Pertua Negeri (Mohd Ali) to dissolve the legislative assembly and that was what happened when (caretaker) CM Datuk Seri Sulaiman Md Ali wrote the Oct 4 letter.

"Following Sulaiman's request, Mohd Ali considered and assented to the dissolution of the 14th Melaka legislative assembly on Oct 4, as he is empowered pursuant to Article 19(2) of the constitution.

"It is the finding of this court that there is never a question of advice given by Sulaiman to Mohd Ali to dissolve the legislative assembly. There was just a request and based on the request Mohd Ali can take the steps pursuant to Article 7(4) of the state constitution where such request was assented to."

Justice Noorin further said that Mohd Ali had rightly exercised his power under the constitution.

"This was the process that he (Mohd Ali) had taken. The crux of Adly's application relates to the proclamation and dissolution of the state legislative assembly where our courts have held to be non-justiciable.

"The court agrees with the Senior Federal Counsel's submission in the Tan Sri Musa Aman's case where the Court of Appeal ruled that if a matter is found to be not justiciable, the decision making process leading to the non-justiciable matter should also be not justiciable. At the end of the day, a dissolution of a state assembly is a non-justiciable subject and consequently not amenable to judicial review," she said.

Adly had filed the judicial review application by naming former Melaka chief minister Datuk Seri Sulaiman Md Ali, Melaka State Assembly Speaker Datuk Seri Ab Rauf Yusoh, the Election Commission (EC) and Mohd Ali as first, second, third and fourth respondents respectively.

Adly's lawyer Razlan Hadri Zulkifli said Sulaiman had no constitutional basis to advise Mohd Ali to dissolve the state legislative assembly as Sulaiman had ceased to command the confidence of the majority in the state legislative assembly.

Razlan, when contacted, said he will seek further instructions from Adly on whether to appeal Wednesday's decision.