KUALA LUMPUR, Oct 2 — The High Court today dismissed a Port Dickson voter's bid to effectively stop the Port Dickson by-election from proceeding, a lawyer confirmed.

Datuk M. Reza Hassan, who represented Port Dickson voter Rosmadi Mohd Kassim, explained that his client was questioning the validity of then Port Dickson MP Datuk Danyal Balagopal Abdullah's resignation to trigger the by-election.

Reza said the judge felt it pointless to grant leave to hear Rosmadi’s bid for judicial review, saying Danyal could later say his resignation was voluntary.

“The court said no point in granting leave if Danyal can come out with such an affidavit,” he told Malay Mail when contacted today.

Reza added that Danyal's lawyer told the court today that he could vouch that his client’s resignation as Port Dickson MP was done of his own volition.

The High Court judge who heard today's application for leave for judicial review is Datuk Nordin Hassan.

Rosmadi had on September 26 applied for judicial review of Danyal’s resignation and the Election Commission’s (EC) subsequent actions, claiming that Danyal's resignation was unconstitutional and against the wishes of and breaching the trust of the Port Dickson voters who voted Danyal in.

Rosmadi had sought several court orders, namely a declaration that Danyal's resignation is invalid; an order to cancel the September 20 notice for the by-election; a declaration that it was wrong to declare the vacating of the seat; and an injunction to block the EC from holding the Port Dickson by-election on October 13 until the case has been decided.

Reza said he would discuss with his client on whether to appeal today’s decision.

This case today is the first legal challenge filed by a Port Dickson voter in relation to the by-election there.

Reza is also representing another Port Dickson voter Noraziah Mohd Shariff in a separate action filed last week.

He said Noraziah's case will be up for case management this Friday (October 5).

In Noraziah's lawsuit filed on September 28 by way of originating summons against PKR's Port Dickson candidate Datuk Seri Anwar Ibrahim and the Federal Territories Pardons Board, she is asking the courts for several declarations — including a declaration that Anwar's pardon does not cancel his disqualification from becoming a MP due to his criminal conviction; as well as a declaration that Anwar has no right to contest in any seat until the end of his disqualification period.

The October 13 Port Dickson by-election is set to be a seven-corner fight between Anwar and other candidates.