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 4 other MPs questioning the validity of the formers’ appointments.
In delivering the High Court’s decision, court Judge Datuk Ahmad Kamal Md Shahid said the law doesn’t allow for the court from questioning the business of the Dewan Rakyat. Since only Parliament has the only power and jurisdiction to come to a decision on the issue of the appointment.
“Debating and the sittings for the appointments of the Speaker and deputies were on. This was during the sitting on July 13, where 111 MPs voted in favor while 109 MPs voted against.
“The appointments are a part of the Dewan Rakyat proceedings,”. Ahmad Kamal said.
Fixing for 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 for the choice 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 within the suit.
On July 23, Dr Mahathir and also the four MPs filed an originating summons. This is to challenge the appointment of Azhar and Azalina as the Speaker and deputy Speaker respectively.
They were seeking a declaration that the 2 posts have remained vacant since July 13. Therefore, the appointments of Azhar and Azalina were void as they’re unconstitutional.
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