WAYTHA MOORTHY A/L PONNUSAMY v DATO' SERI ANWAR BIN IBRAHIM PIHAK TERKILAN Jabatan Peguam Negara

wa-24-130-08-2025 High Court (Mahkamah Tinggi) 17 March 2026 • WA-24-130-08/2025 • 17 min read
16 cases cited (0 SG, 16 foreign)

Outcome

In the result, the application in enclosure 14 filed by the Defendant is allowed, and the Originating Summons filed is struck out.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-24-130-08-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Originating Summons filed for declarations against the Prime Minister that his election as Tambun Member of Paliament and subsequent appointment as Prime Minister is unconstitutional-predicated on the fact that Defendant having been previously convicted and sentenced to imprisonment of more than one year-contends that subsequent pardon did not remove the disqualification under A.48(1)(e) and A. 48(3) of the Federal Constitution-the Defendant applies to strike out under O.18 r 19(1)(a), (b) and/or (d) RHC 2012-orders sought in effect challenging the results of the election-recourse must be had to election petitions-A.118 of FC and s.32 of Election Offences Act-relief sought for falls under s.35 of the EOA.

Practice Areas

Civil Procedure Constitutional Law Criminal Procedure

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (10)

Daniel & Wong Firm Karthig Shan Firm AR Thamayanthy Counsel Plaintiff Daniel Albert Counsel Defendant Karthigesan Shanmugan Counsel Plaintiff Mohd Sallehuddin Md Ali Counsel Intervener Nicholas Yap Counsel Defendant Rafique Rashid Counsel Plaintiff Ranjit Singh Counsel Defendant Waytha Moorthy a/l Ponnusamy Counsel Plaintiff

Parties (3)

Jabatan Peguam Negara Aggrieved Party Dato' Seri Anwar bin Ibrahim Respondent Waytha Moorthy a/l Ponnusamy Applicant

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)
Election Offences Act
s 35
Election Offences Act 1954
s 33 s 34
Elections Offences Act 1954
s 33(1)
Federal Constitution
Art 118 Art 48(3)
Rules of Court 2012

Cases Cited (16)

UK (1)
[1965] 1 QB 232
MY (14)
[1970] 1 MLJ 6 [1987] 1 CLJ 126 [1987] 1 MLJ 230 [1987] 2 MLJ 716 [1988] 1 CLJ 219 [1988] 2 MLJ 12 [1993] 3 MLJ 36 [2000] 6 MLJ 98 [2008] MLJU 570 [2014] 1 CLJ 207 [2014] MLJU 1916 [2015] 4 MLJ 439 [2016] 1 CLJ 1 [2017] 4 MLJ 540
IN (1)
AIR 1968 SC 1500

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24-130-08-2025)