Waytha a busybody in challenging Anwar’s election, says lawyer

2026-03-02 - 06:14

P Waytha Moorthy is suing for a court declaration that Anwar Ibrahim is disqualified from serving as an MP under Article 48(1)(e) of the Federal Constitution, and that his appointment as prime minister is null and void. KUALA LUMPUR: Anwar Ibrahim’s lawyer told the High Court here today that counsel P Waytha Moorthy was being a busybody in filing a suit to challenge Anwar’s election as Tambun MP and his subsequent appointment as prime minister. Ranjit Singh said Waytha had no legal standing to file the action in his capacity as a taxpayer, citizen, or leader of a political party. He said Anwar’s election as Tambun MP in 2022 could only be challenged by way of an election petition, as prescribed under Article 118 of the Federal Constitution. He also said that such a challenge must be filed within 21 days of the official publication of the election results, as stated in the Election Offences Act 1954. Ranjit added that only a Tambun voter had the right to file a petition. “In this case, no petition was filed, and Waytha is a mere busybody for filing the suit against Anwar,” he said in his submission to strike out the originating summons. Waytha filed the suit on Aug 14 last year, seeking a judicial declaration that the 2018 pardon secured by Anwar did not exempt him from the five-year constitutional disqualification imposed on individuals convicted of criminal offences. The Malaysian Advancement Party president asked the High Court here to declare Anwar’s election as Tambun MP on Nov 19, 2022, as well as his appointment as prime minister five days later, null and void. Waytha, a minister in Dr Mahathir Mohamad’s administration between 2018 and 2020, argued that Anwar was disqualified from serving as an MP under Article 48(1)(e) of the Federal Constitution due to his conviction and criminal sentence. On May 16, 2018, Yang di-Pertuan Agong Sultan Muhammad V granted Anwar a full pardon for three cases involving abuse of power and sodomy charges, citing a “miscarriage of justice”. Anwar told a press conference then that the pardon was also granted on the basis of a conspiracy to condemn him and assassinate his political character. Anwar contends that Waytha’s suit is unsustainable, does not disclose a reasonable cause of action against him, and is frivolous, vexatious and an abuse of court process. Lawyer S Karthigesan, appearing as lead counsel for Waytha, submitted that there was no dispute that Anwar was given a pardon. However, he said it did not expressly state that he was given a waiver of the five-year ban from contesting in elections. “He urges the court to dismiss the striking-out application and hear the merits of the suit as the matter is a constitutional issue that requires the court’s determination,” he added. Karthigesan said Justice Alice Loke could alternatively refer Waytha’s questions on the royal pardon and waiver of the five-year ban to the Federal Court for its determination. Federal counsel Salehuddin Ali, who represented the Attorney-General’s Chambers as amicus curiae (friend of the court), also adopted Ranjit’s submission. Loke will deliver her ruling on March 18.