Dr M, 4 others file summons challenging appointment of Dewan Rakyat speaker
Former prime minister Dr Mahathir Mohamad and four others have gone to court to challenge the appointment of Azhar Azizan Harun and Azalina Othman Said as Dewan Rakyat speaker and deputy speaker respectively.
The five plaintiffs, who are disputed Bersatu members, filed their originating summons at the Kuala Lumpur High Court Registry around 1.59 pm this afternoon.
Former prime minister Dr Mahathir Mohamad and four others have gone to court to challenge the appointment of Azhar Azizan Harun (above) and Azalina Othman Said as Dewan Rakyat speaker and deputy speaker respectively.
The five plaintiffs, who are disputed Bersatu members, filed their originating summons at the Kuala Lumpur High Court Registry around 1.59pm this afternoon.
A law firm, Law Practice of Rafique, filed the cause papers on behalf of the plaintiffs.
According to a media statement issued, the other four plaintiffs are Jerlun MP Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Amiruddin Hamzah, and Sri Gading MP Shahruddin Md Salleh.
The legal action named Azhar, who is popularly known as Art Harun, Pengerang MP Azalina, the other Dewan Rakyat deputy speaker Mohd Rashid Hasnon, and Dewan Rakyat secretary Nizam Mydin Bacha Mydin as defendants.
The five plaintiffs are seeking a declaration that the appointments of Azhar and Azalina are invalid and contravene the Federal Constitution and Dewan Rakyat standing orders.
They also seek a declaration that following the vacating of the speaker’s post previously held by Mohamad Ariff Md Yusof, all MPs must be given an opportunity to find a candidate for the position.
The five plaintiffs also want a declaration that the posts of the Dewan Rakyat speaker and deputy speaker have remained vacant since July 13.
Meanwhile, through an affidavit in support of the legal action, Langkawi MP Mahathir claimed that the appointment of Azhar as speaker on July 13 was invalid because Nizam Mydin had allowed Prime Minister Muhyiddin Yassin’s motion to appoint Azhar, despite no opportunity given to MPs to come up with their own candidate for speaker.
Mahathir alleged that the appointment of Azalina (photo) as deputy speaker was invalid because Nizam Mydin had allowed Muhyiddin’s motion to appoint her without giving other MPs the opportunity to come up with their own candidate for the post.
The disputed Bersatu chairperson claimed that the motions for Azhar and Azalina’s appointments should have been put off for another Dewan Rakyat proceeding.
This is because the 14-day period for other MPs to come up with their own candidate for speaker would have begun from July 13, when the post became vacant.
Mahathir alleged that the date when Muhyiddin’s two motions were tabled, namely June 29, cannot be used as the day when the speaker’s post became vacant, as the two motions were only put to a vote on July 13.
He claimed that if the court does not rectify the situation by deciding on the legal action, then all Dewan Rakyat proceedings from July 13 onwards become invalid, which include the voiding of all bills and debates in the august house.
“This honourable court has jurisdiction and authority under Article 121 of the Federal Constitution as well as inherent powers to hear and issue orders as sought by the originating summons, and that this does not amount to interference in the legislature namely the Dewan Rakyat, and that it also does not conflict with Article 63 of the Federal Constitution,” he said.
Article 121 deals with the judicial power of the federation of Malaysia, while Article 63 deals with the privileges of Parliament.
When contacted by Malaysiakini this afternoon, counsel to the five plaintiffs Muhammad Rafique Rashid Ali confirmed the filing of the legal action.
He added that once they received the sealed copy of the cause papers from the court, they would then serve it to all four defendants.
In a statement outside the court, Rashid Hasnon said Mahathir and the four MPs could do whatever they wished according to the law.
"My view is, Mahathir and his four friends can do whatever they want in a democratic practice as long as it follows the law," he said.
He added that he had not received a notice and would leave the matter to the courts to decide upon.
Report this comment
Are you sure you want to delete this comment?
This action cannot be undone.