Judge Datuk Ahmad Kamal Md Shahid said this was clearly outlined in Order 53 rule 2 of the Rules of Court 2012, that to have a locus standi in a judicial review application, the applicant must be adversely affected by the decision, action or omission of any public authority in relation to the exercise of its public duty or function.
"It should be stressed that where there is no decision, action or omission falling within the ambit of Order 53 rule 2 of the ROC 2012, Khairuddin cannot be said to be a person"adversely affected” by the same. "The issue on the majority of members must be determined in any forum or by any authority, which is not the case in this application. The assertion is presented as a fait accompli to be accepted as an unquestionable statement of fact.
"It would serve no practical utility if the AG is compelled by an order of mandamus to advise the Prime Minister or the YDPA in terms sought by Khairuddin as such advice would have no binding legal effect and will not alter the legal position of him or any other person. "It could be argued that Khairuddin has brought an action against the wrong party. However, this is a minor issue since there is only one person who is holding the post of Attorney-General. There could not be any other person holding such post in the country.
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