ALOR SETAR: A High Court in Alor Setar has ruled that the Kedah state government, its Menteri Besar Datuk Seri Muhammad Sanusi Md Nor, Alor Setar City Council (MBAS), and its mayor, have violated the Federal Constitution by not renewing and issuing gaming and lottery licences.

The decision by Hamazan Mat Taib in favour of three representatives of gaming outlets in Kedah, Tan Phick Eng, Ene (Penang) Sdn Bhd and Chew See Leat, was delivered on 20 June.

The state government filed a notice of appeal three days later.

Tan, (Ene) Penang Sdn Bhd and Chew sought a declaration that the decision made by Kedah state exco meeting on 8 Dec 2021 not to renew the licences of all gaming and lottery outlets in the state prompting the MBAS to issue a notice on 3 January 2023 to revoke the licences owned by Tan, was illegal.

The applicants also sought a declaration that the decision by the Kedah state government was unconstitutional, as it was not consistent with Articles 73, 74, 75, 80(1), the Eighth Schedule and Sub-section 4(1) in Ninth Schedule of the Federal Constitution.

The applicants sought an order of certiorari to cancel the decision by the Kedah state government and damages for loss of income incurred when the gaming outlets ceased operation.

All of Kedah’s 45 gaming and lottery outlets were closed since 2023.

In Perlis, operators of STM Lottery Sdn Bhd (formerly known as Sports Toto Malaysia Sdn Bhd), Magnum and Da Ma Cai applied for leave from the Court of Appeal to institute a legal challenge against the Perlis statement government which decided not to renew licences for gaming outlets in the state last year.

On 11 January, a High Court in Kangar dismissed the judicial review filed by the gaming outlet operators after their licences were not renewed.

Perlis has since banned gaming in the state after the last of six gaming outlets ceased operation on 7 March.