Lawyer, activist file legal action to nullify May 18 Parliament sitting
A lawyer and a social activist have filed a legal action to nullify the single-day Dewan Rakyat sitting scheduled for May 18.
R Kengadharan and D Arumugam, through law firm Messrs Gunaseelan and Co, filed their writ of summons at the Kuala Lumpur High Court Registry early this afternoon.
A lawyer and a social activist have filed a legal action to nullify the single-day Dewan Rakyat sitting scheduled for May 18.
R Kengadharan and D Arumugam, through law firm Messrs Gunaseelan and Associates, filed their originating summons at the Kuala Lumpur High Court Registry early this afternoon.
They have named Prime Minister Muhyiddin Yassin and Dewan Rakyat speaker Mohamad Ariff Md Yusoff as defendants.
According to the cause papers, the duo, among others, seek a declaration that the Parliament sitting, which is only slated to hear the Yang di-Pertuan Agong's speech, is not in accordance with the Federal Constitution and, thus, null and void.
In the supporting affidavit filed today, the duo argued that the parliament sitting on May 18, which will only have the Yang di-Pertuan Agong’s opening address on the agenda, does not fulfil the article 55 (1) of the Federal Constitution and will cause the first meeting as "illusory" because there are no other urgent matters as stated in Order 14(1) of the Standing Orders of the Dewan Rakyat Malaysia completed.
Article 55 (1) of the Federal Constitution states that the Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.
Order 14 (1) of the Standing Orders of the Dewan Rakyat states that unless the House otherwise directs, the business of each sitting shall be transacted in a certain order.
The said Standing Orders laid this out as formal entry of Tuan Yang di-Pertua; prayers as shall be approved by the House; taking of Oath by any new member; messages from the Yang di-Pertuan Agong; announcements by Tuan Yang di-Pertua; Petitions; Minister’s Question Time; Questions to Ministers for oral answers; Motion on matters of urgent public importance; statements by Ministers; tributes; obituary speeches; personal explanations; presentation of government Bills for First Reading; motions relating to the Order of Business (to be moved by a Minister); public business; motions for the introduction of non-government Bills; and other items of business in the order they appear on the Order Paper for the day.
They also stated that the parliament sitting on May 18 is not a sitting as stated in Article 55 (1) of the Federal Constitution after taking into consideration the definitions of "sitting", "meeting", and "session" under the Order 98 of Standing Orders of the Dewan Rakyat.
“As a parliamentary democracy, Parliament needs to carry out its functions in accordance to democratic principles, specifically that members of the Dewan Rakyat and Dewan Negara need and should be granted the opportunity to voice out their stance and views in the house (dewan) without any restriction,” the two plaintiffs said.
They added that it's the responsibility of the prime minister to advise the Agong to call for a Parliament sitting as provisioned under Article 55 (1) of the Federal Constitution.
They also said it's a public knowledge that the Opposition had wished to raise a no-confidence vote against Muhyiddin and by only having the opening speech by Agong, the Opposition will not be able to do so.
“This also showed that the Dewan Rakyat sitting on May 18 is a 'colourable exercise' power by the prime minister and/or the cabinet,” the plaintiffs said.
On May 8, it was reported that Mahathir had filed a no-confidence motion against Muhyiddin. The motion was accepted by Ariff.
However, on May 13, it was reported that a letter of notice for the one-day sitting of Parliament on May 18 now only has a single agenda - the Agong’s opening address - which slams the door shut on any no-confidence motion against Muhyiddin.
Kenghadaran was one of five Hindraf leaders detained following a November 2007 rally under the now-defunct Internal Security Act (ISA).
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