Court fixes next Tuesday to hear application to strike out Kit's suit

KUALA LUMPUR, Tues: 

The High Court has fixed March 4 to hear the Election Commission and previous BN Government’s application to strike out the suit by Lim Kit Siang who wanted a caretaker Government be formed during the general election.

Judge Datuk Wan Afrah Wan Ibrahim decided the date in chambers today after meeting counsel Karpal Singh, representing Lim, and Attorney General Tan Sri Abdul Gani Patail, representing the two respondents.

Wan Afrah also ordered both parties to file written submissions on the striking out application by Thursday. In both striking out applications filed separately, the EC and Government claimed Lim’s application was “frivolous, vexatious and an abuse of the court process.”

Lim, the opposition leader, filed the action on Feb 4, seeking a declaration that a caretaker Government should be formed after the parliament was dissolved. In his supporting affidavit, Lim claimed the caretaker Government should be set up to manage the country’s daily administrative needs and not make policy decisions or provide allocation of funds.

Lim stated he had written to the commission secretary Datuk Kamaruzaman Mohd Noor to discuss the role of a "caretaker" government to be set up during the election. However, the reply from Kamaruzaman stated that "with regard to laws relating to the general election, including the Federal Constitution, there is no mention of a caretaker government".

During open court, Karpal applied for the case to be heard immediately in view that parliament was dissolved and elections are slated on March 8.

Karpal said he was prepared to submit on the matter today as delaying a hearing would make the application academic. However, Wan Afrah said the striking-out application should be heard first and that the case was only fixed for mention today.

Wan Afrah also told both parties that she did not know whether she should hear the case as she was scheduled to be transferred to Ipoh on Saturday.

“Hence, I am not prepared to hear the submission. You should have made the application earlier, Karpal,” she said. However, Karpal said his client could not make the application earlier as it would be tantamount to it being irrelevant.

After the short meeting in chambers, Wan Afrah fixed March 4 to hear the striking out application.

--NST