The High Court has set Nov 10 for a decision on the application by Datuk Azhar Azizan Harun and Datuk Seri Azalina Othman Said and two others to strike out the legal suit by former Prime Minister Tun Dr Mahathir Mohamad and four others to challenge the legitimacy of the appointments of Azhar and Azalina as Dewan Rakyat Speaker and Deputy Speaker, respectively.
Judge Datuk Ahmad Kamal Md Shahid fixed the date after hearing lengthy submissions from both parties today.
Last July 23, Dr Mahathir and his son, who is former Kedah Menteri Besar Datuk Seri Mukhriz, together with former Education Minister Dr Maszlee Malik, Kubang Pasu Member of Parliament Datuk Wira Amiruddin Hamzah and Sri Gading Member of Parliament Datuk Dr Shahruddin Md Salleh filed an originating summons to challenge the appointments of Azhar and Azalina.
The five plaintiffs also named Deputy Speaker, Datuk Mohd Rashid Hasnon and Dewan Rakyat secretary, Nizam Mydin Bacha Mydin as the third and fourth defendants.
At the outset, lawyer Amer Hamzah Arshad, representing Azhar and Mohd Rashid, submitted that his clients had acted within the powers conferred on them by the Federal Constitution and the Standing Orders of the Dewan Rakyat.
He also said that the validity of the election of Azhar and Azalina in the Dewan Rakyat could not be questioned by the court pursuant to Article 63(1) of the Federal Constitution.
Amer Hamzah said the appointment of the first defendant (Azhar) as Dewan Rakyat Speaker was in accordance with its Standing Orders while the third defendant (Mohd Rashid) had acted within the powers conferred on him at all material times and he had the right to exercise all the powers of a Speaker pursuant to Article 57(3) of the Federal Constitution and Standing Orders.
“Therefore, all decisions and rulings made by the third defendant during the Parliament sitting was final and shall not be open to appeal pursuant to Standing Order No. 43 and No. 99 of the Dewan Rakyat.
“All decisions made by the first and third defendants shall not be questioned and the originating summons should be rendered obviously unsustainable,” he said.
Lawyer Mohamed Haniff Khatri Abdulla who acted for the five plaintiffs said Article 63 (1) was not an absolute barrier and the court still had jurisdiction to adjudicate any decision or ruling of the Dewan Rakyat where such decision or ruling had been made with no jurisdiction or power, and/or such decision was unlawful and when the Dewan Rakyat exceeded its constitutional or legal limit.
He also submitted that the Dewan Rakyat had no jurisdiction or power to appoint Azhar and Azalina as Dewan Rakyat Speaker and Deputy Speaker, respectively on grounds that the plaintiffs and other Members of Parliament were barred from nominating their candidates.
“There were two candidates for the respective posts as at July 13, so the debate and voting process must be held but neither debate nor voting process had been done in this particular case. Since the Dewan Rakyat had no jurisdiction or power to do what it had done on July 13, this court has the necessary jurisdiction to intervene,” he said, adding that the court should have dismissed the application by the defendants.
In the originating summons, the five plaintiffs are seeking a declaration that the Dewan Rakyat Speaker’s post has been vacant since July 13 and that the appointments of Azhar and Azalina are invalid because they are unconstitutional and/or contrary to the Federal Constitution and/or Standing Orders 3,4, 6 and 47 of the Dewan Rakyat and/or the rule of law.
The plaintiffs are also seeking a declaration that the 14-day period for each member to nominate the candidates for the Speaker and Deputy Speaker’s posts began from the date the motion to vacate the posts of Speaker and/or Deputy Speaker was passed.
They are also seeking an order for the Speaker and Deputy Speaker if the posts were vacated during a sitting, to undergo the process of nomination, debate and voting by an adequate number of MPs to make it a valid appointment process.
Among the reasons given by the plaintiffs in their summons is that the action of the third defendant (Mohd Rashid) who made the ruling after informing that there was only one candidate for the Dewan Rakyat Speaker’s post was invalid as no chance was given by Mohd Rashid and the fourth defendant (Nizam Mydin) to all MPs to nominate and/or debate or vote for the purpose of appointing the new Speaker within 14 days before the sitting could proceed.
The plaintiffs also claim that the action of the fourth defendant to proclaim and call Azhar and Azalina to take the place of Speaker and Deputy Speaker respectively was contrary to the Federal Constitution and/or Standing Orders of the Dewan Rakyat, and was therefore invalid.
-- BERNAMA
Bernama
Tue Sep 22 2020
Judge Datuk Ahmad Kamal Md Shahid fixed the date after hearing lengthy submissions from both parties today. -Bernama
'No one will win a trade war,' China says after Trump tariff threat
Donald Trump says he would impose the tariffs until China stops the flow of illegal drugs, particularly fentanyl, into the United States.
What has caused Pakistan's deadly clashes between police and supporters of Imran Khan?
Topping the demands of Khan's Pakistan Tehreek-e-Insaf (PTI) party is the release of all its leaders, including Khan, who has been jailed on a series of corruption charges since August 2023.
One woman or girl killed every 10 minutes by intimate partner or family member - UN
The report highlights that "60 per cent of all female homicides" are committed by "people closely related to them".
Sweden urges Chinese ship to return for undersea cable investigation
Two subsea cables, one linking Finland and Germany and the other connecting Sweden to Lithuania, were damaged in less than 24 hours.
[COLUMNIST] Building more highways won’t solve traffic congestion - reducing demand will
It is clear that adding more lanes and highways doesn't work, because we are still attempting the same approach to solve the issue.
Hyundai to invest RM2.16 bil in Malaysia through strategic partnership with INOKOM
This investment includes efforts to upgrade INOKOM's existing assembly capacity to meet Hyundai's automotive needs.
‘C4Cinta’ sets record as highest-grossing Malaysian Tamil film
'C4Cinta', directed by young filmmaker Karthik Shamalan, has set a new benchmark in Malaysian Tamil cinema.
Man charged with mother's murder, storing body in freezer
The court denied bail and scheduled case mention on Feb 7 for the submission of forensic, autopsy, and chemist reports.
Abolition of examination in schools to reduce pressure on pupils - Fadhlina
The classroom assessment approach offers a much more interesting learning ecosystem, says Fadhlina Sidek.
Google, Meta urge Australia to delay bill on social media ban for children
Google and Meta says the government should wait for the results of an age-verification trial before going ahead.
Judge tosses Trump 2020 election case after prosecutors' request
It represents a big legal victory for Donald Trump, who won the Nov. 5 US election and is set to return to office on Jan. 20.
DHL plane crash in Lithuania leaves authorities searching for answers
Rescue services said the plane hit the ground, split into pieces and slid over 100 metres (110 yards).
National squad to hold friendly matches for 2025 Indoor Hockey World Cup
The warm-up matches will involve matches against better ranked teams in the world, namely Austria (first) and Belgium (third).
G7 seeks unity on ICC arrest warrant for Netanyahu
The United States, part of the G7, has rejected the ICC decision, with President Joe Biden describing it as outrageous.
Francissca Peter remembers Tan Sri Ahmad Nawab: A tribute to a musical legend
A legend who has influenced our music for decades, was one of the highlights of my career, says Francissca Peter.
TikTok decision coming soon as Jan. 19 divestment deadline looms
Judges are reviewing TikTok's challenge to a law requiring ByteDance to sell its US assets by Jan. 19 or face a ban.
Lebanese sources: Biden, Macron set to announce Israel-Hezbollah truce
In Washington, White House national security spokesperson John Kirby said, "We're close" but "nothing is done until everything is done".
PM meets chaebol tycoon to attract more FDI to Malaysia
Chaebols are prominent figures from South Korea's family-owned conglomerates.
Govt won't allow non-citizen vehicles to enjoy RON95 subsidy - Economy Ministry
The implementation of the RON95 subsidy in 2025 is expected to provide savings of RM3.6 billion to government expenditure.
Ringgit opens lower as greenback gains ground
Dr Mohd Afzanizam says the market responded positively to news of hedge fund manager Scott Bessent heading the US Treasury Department.