TYT removed as respondent in duo’s bid to defer polls

KOTA KINABALU: A lawyer and a self-employed woman informed the High Court here yesterday that they had removed the Head of State (TYT) Tun Juhar Mahiruddin as a respondent in their leave to commence a judicial review, urging Chairman of Election Commission (EC) to postpone the state polls until it is absolutely safe and there is no more threat of Covid-19.

The applicants Marcel Jude Joseph, 59, and Margret Binsing, 49, told Justice Ismail Brahim regarding the amendment in their ex-parte application due to recent development of a leave application involving politicians against TYT and four others was refused by another High Court here.

Earlier this month, the two applicants had filed the application naming TYT and the EC Chairman as first and second respondents and now the sole respondent is the EC Chairman.

The duo sought a declaration that the period of 60 days for the holding of the 16th state polls  pursuant to section 21(4) of the Sabah State Constitution takes effect only from September 1, 2020 at the end of the Recovery Movement Control Order (RMCO) issued pursuant to Section 11 of the Prevention and Control of Infectious Diseases 1988 or;

They further sought a declaration that the period of 60 days commencing from July 30, 2020 shall be extended for a further period of 60 days commencing from and including 1 September, 2020 untiI October 30, 2020;

The applicants also sought an order of certiorari to quash and to set aside the decision of the respondent, who allegedly announced to the public on August 17, 2020 to hold and conduct the said polls on the following dates: September 12, 2020 – Nomination Day,

September 22, 2020 – Early Voting, September 26, 2020 – Polling Day; by reason that the respondent is unable to make and announce the decision while there is in effect the Movement Control Order (MCO) and no prior permission was obtained pursuant to the provisions of Section 11 of the Prevention and Control of Infectious Diseases Act 1988 to hold and conduct the said polls.

The applicants also sought an order of prohibition against the respondent whether by himself or his servants or agents not to implement or undertake or in any way carry out the said decision to have the said polls until the RMCO is uplifted after 31 August 2020.

Further they were seeking a declaration that the holding of the said polls during the term of the MCO or its variations thereunder is unlawful null and void; costs and any other relief deemed fit and just by the court.

Marcel Jude represented himself and Margret while Senior Federal Counsel Narkunavathy and Mohd Hafizi Abdul Halim for the Federal Attorney-General;  Sabah Attorney-General Brenndon Keith Soh, Dygku Fazidah Hatun Pg Bagul and Chee Chun Yen as putative respondent for TYT.

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