Prime Minister Najib Abdul Razak and his deputy Ahmad Zahid Hamidi have applied to strike out a suit filed by Khairuddin Abu Hassan over violating their oaths of office at the High Court in Kuala Lumpur.

This was revealed when the matter was called for case management today before deputy registrar K Pavani.

Najib and Zahid also filed on Monday a stay of proceeding on the filing of their defence through the law firm of Hafarizam, Wan Aisha and Mubarak. 

During the last session on Oct 12, Pavani had directed Najib and Zahid to file their defence to the suit before Nov 10.

According to documents sighted by Malaysiakini, the BN politicians claimed that Khairuddin's suit did not reveal a reasonable cause of action.

"The application is frivolous, vexatious and an abuse of the court process," they said.

They also contended that the filing of their defence before the hearing of the striking out application would compromise or prejudice their position.

Najib and Zahid also questioned whether the court had the jurisdiction to determine the violations of oath according to the Sixth Schedule of the Federal Constitution.

In addition, they asked whether Khairuddin has the locus standi (legal standing) to initiate the suit.

Today, Pavani also refused to grant an interim stay on Najib and Zahid's application and fixed case management before Justice Ahmad Zaidee Ibrahim on Nov 15.

It was reported that Khairuddin (photo) filed the suit against the prime minister and his deputy last month for allegedly violating their constitutional oath to the Yang di-Pertuan-Agong in misleading the public over the origin of the US$681 million (RM2.6 billion).

The former Batu Kawan Umno vice-chief is seeking a court declaration that Najib and Zahid had violated their oath under the Sixth Schedule of the Federal Constitution and therefore were unfit to hold their respective posts or any position in the cabinet.

Khairuddin claimed that he has locus standi to initiate the suit since the litigation is in public interest.

“Upon taking their oaths, they became trustees of their offices under public law and under a duty not to misrepresent the facts or to mislead Malaysians or lie to them on material issues,” he had said.

Khairuddin, in his statement of claim, alleged that sometime in March 2013, a sum of US$681 million from 1MDB was deposited into Najib's accounts. However, the prime minister had on various occasions said the money came from an Arab donor.

Khairuddin alleged that Najib's statement was false as the money came from Tanore Corporation Finance, a company controlled by Low Thaek Jho, who is Najib's agent.

"Having uttered the aforesaid falsehood, Najib stands in violation of the solemn oath that he took. He has accordingly, acted in breach of trust reposed in him by Malaysian citizens, and is unfit to hold the high office of the prime minister, and the cabinet, as established under Article 43 of the Federal Constitution," the statement of claim read.

As for the deputy prime minister, Khairuddin claimed that Zahid had told the Dewan Rakyat sometime in August 2015, that he had met the aforementioned Arab donor or donors over the sum involved, and hence had misled the house and the Malaysian public.

Khairuddin was represented by lawyer Syed Iskandar Syed Jaafar Al Mahdzar while the prime minister and his deputy were represented by Yazid Mustaqim.