PUTRAJAYA, Aug 12 — The Kedah government has failed to overturn a ruling that barred it from refusing to renew licences for pool betting and lottery operators.

Free Malaysia Today (FMT) reported that a Federal Court panel chaired by Justice Datuk Rhodzariah Bujang held that the legal questions proposed by the state government failed to meet the threshold for determination by the court.

Justices Datuk Collin Lawrence Sequerah and Datuk Azmi Ariffin sat with Rhodzariah.

The questions centred on whether the courts could inquire into the legality of the state government’s decision and the state’s powers under the Federal Constitution.

The court also ordered the Kedah government to pay RM50,000 in costs.

Last year, the Court of Appeal, in a majority decision, ruled that the state government’s move to deny licence renewals for several pool betting agents, their companies and officers was unconstitutional.

It said matters concerning pool betting and lotteries fell within the purview of the Finance Ministry. The court also held that the Kedah government’s refusal to renew the operators’ premise licences had the effect of usurping the Finance Minister’s powers and imposing a blanket ban on pool betting and lotteries.

According to FMT, the court further reminded the state government that its powers were confined to matters under the Ninth Schedule of the Federal Constitution and the Local Government Act 1976.

“However, the refusal (to issue and renew business licences) reflected a policy objection to betting and lotteries, rather than concerns about the building or premises they occupied,” Justice Faizah Jamaluddin was quoted as saying in the majority ruling.

She also noted that licences issued by the Finance Minister were subject to strict federal conditions, including requirements such as printing a note on tickets that gambling is prohibited for Muslims.

Chief Judge of Sabah and Sarawak Azizah Nawawi dissented, holding that the Kedah executive council’s decision fell within its legal scope under the Local Government Act and that the courts should not interfere.

The report said lawyer Azhar Harun appeared for the state government, while Brian Foong, Hiqmar Danial Hidzir and Eolanda Yeo represented the pool betting agents, companies and officers.