Report: High Court strikes out suit by Dr Mahathir, four others challenging appointment of Speaker and his deputy
On July 23, Dr Mahathir and the four MPs filed an originating summons to challenge the appointment of Azhar and Azalina as the Speaker and deputy Speaker respectively. — Reuters pic
KUALA LUMPUR, Dec 30 — The High Court here today allowed an application by Dewan Rakyat speaker Datuk Azhar Azizan Harun and his deputies to strike out a lawsuit filed by Tun Dr Mahathir Mohamad and four other MPs questioning the validity of the formers’ appointments.
In delivering the High Court’s decision, High Court Judge Datuk Ahmad Kamal Md Shahid said the court was prohibited from questioning the business of the Dewan Rakyat since only Parliament has the sole power and jurisdiction to decide on the issue of the appointment.
“The appointments of the Speaker and deputies were debated and voted on during the sitting on July 13, where 111 MPs voted in favour while 109 MPs voted against.
“The appointments are part of the Dewan Rakyat proceedings,” Ahmad Kamal was quoted as saying by Free Malaysia Today.
The application to strike out the lawsuit of Dr Mahathir, Jerlun MP Datuk Seri Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Datuk Amiruddin Hamzah and Sri Gading MP Datuk Shaharuddin Md Salleh was fixed for the decision on the striking-out bids today.
Besides Azhar and Azalina, deputy Speakers Datuk Mohd Rashid Hasnon and Parliament secretary Nizam Mydin Bacha Mydin were also named as respondents in the suit.
On July 23, Dr Mahathir and the four MPs filed an originating summons to challenge the appointment of Azhar and Azalina as the Speaker and deputy Speaker respectively.
They were seeking a declaration that the two posts have remained vacant since July 13 and the appointments of Azhar and Azalina were void as they are unconstitutional.
In delivering the High Court’s decision, High Court Judge Datuk Ahmad Kamal Md Shahid said the court was prohibited from questioning the business of the Dewan Rakyat since only Parliament has the sole power and jurisdiction to decide on the issue of the appointment.
“The appointments of the Speaker and deputies were debated and voted on during the sitting on July 13, where 111 MPs voted in favour while 109 MPs voted against.
“The appointments are part of the Dewan Rakyat proceedings,” Ahmad Kamal was quoted as saying by Free Malaysia Today.
The application to strike out the lawsuit of Dr Mahathir, Jerlun MP Datuk Seri Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Datuk Amiruddin Hamzah and Sri Gading MP Datuk Shaharuddin Md Salleh was fixed for the decision on the striking-out bids today.
Besides Azhar and Azalina, deputy Speakers Datuk Mohd Rashid Hasnon and Parliament secretary Nizam Mydin Bacha Mydin were also named as respondents in the suit.
On July 23, Dr Mahathir and the four MPs filed an originating summons to challenge the appointment of Azhar and Azalina as the Speaker and deputy Speaker respectively.
They were seeking a declaration that the two posts have remained vacant since July 13 and the appointments of Azhar and Azalina were void as they are unconstitutional.
The outcome is at should be, under the rule of law.
ReplyDeleteArticles 63 (1) and 72 (1) of the Federal Constitution state that the validity of any proceedings in the Parliament or Legislative Assembly of any State shall not be questioned in any court.
BUMNO in its 2009 campaign to overturn the Pakatan Rakyat Perak State Assembly by hook and by crook, got the Federal Court to directly interfere in the Speaker's decision in the Perak State Assembly. I warned at the time this was Constitutional malpractice.
But Najib the Crook was the Prime Minister at the time....it figures.