Judicial review of administrative decisions is limited; funding allocation is a policy matter not subject to court scrutiny, and applications made out of time are deemed frivolous.

The Parties

[1] The 1st applicant is an elected Member of Parliament for Muar. At the material time, the applicant was the president of Malaysian United Democratic Alliance ("MUDA"), a political party that contested in the 15th General Election ("GE15"). The 2nd, 3rd, and 4th applicants are registered voters in the Muar Parliamentary constituency. They commenced this application for leave for judicial review in their different capacities.

[2] The 2nd applicant is the Chairman of the Parent Teachers Association of Sekolah Kebangsaan Parit Bakar Darat, located in the Muar Parliamentary constituency. The 3rd applicant is an Imam at the Surau Al-Rahmaniah, Kampung Parit Samsu Darat 4 in Muar Parliamentary constituency. The 4th applicant is the Chairman of the Surau An-Nur Kampung Sungai Kelat Laut, which is also in the Parliamentary constituency of Muar.

[3] The reason why the applicants commenced leave of this application for leave for judicial review is that, according to them, they are adversely affected by the decision of the putative 1st respondent herein within the meaning of O 53 r 2(4) of the Rules of Court 2012 (" ROC ").

[4] The putative 1st respondent is the Prime Minister of Malaysia.

[5] The putative 2nd respondent is the Government of Malaysia.

The Factual Background

[6] After being sworn in as MP for Muar following the GE15 in 2022, the 1st applicant and his representatives were invited by the Implementation Coordination Unit of the Prime Minister's Department ("ICU") to attend a briefing on the Special Provisions for Parliamentary Areas, known as Peruntukan Khas Untuk Kawasan Parlimen.

[7] According to the 1st applicant, the ICU Briefing explained that special provisions would be allocated to Parliamentary areas, which include Muar in the following manner:

(a) RM300,000.00 would be channelled directly to the Pusat Khidmat Rakyat Parlimen Muar bank account for the purpose of managing the MP's service centre ("the service centre").

(b) RM1,700,000.00 would also be channelled directly to the Pusat Khidmat Rakyat Parlimen Muar bank account for the purpose of spending on welfare programmes for the benefit of the constituents in the Muar parliamentary area ("welfare programmes").

(c) Another RM2,000,000.00 would be allocated for implementing the Projek Mesra Rakyat, which includes development-oriented projects ("RM2m Development Funding") such as socioeconomic development.

[8] The mechanism of the allocation would be coordinated by the ICU. The MPs, including the 1st applicant, would have to apply online for the RM2m Development Funding through what is referred to as myKHAS system.

[9] The 1st applicant was then given access to the myKHAS system, which allowed him to make the application for the RM2m Development Funding online.

[10] From 10 January 2023 to 10 September 2023, the following funding was channelled to the Pusat Khidmat Rakyat Parlimen Muar bank account:

(a) RM300,000.00 for managing the service centre.

(b) RM1,200,000.00 for the purpose of spending on welfare programmes.

Another RM1,769,700.00 was approved and paid for the implementation of the Projek Mesra Rakyat.

[11] On 10 September 2023, MUDA withdrew its support to the Federal Government, referred to in the political parlance as the "Unity Government" led by the putative 1st respondent. According to the 1st applicant, it is this withdrawal of support