Court to rule next week whether to annul Dr M’s suit against appointment of speaker

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Mahathir Mohamad and four others are seeking a declaration that the appointments of Dewan Rakyat Speaker Azhar Azizan Harun (left) and Deputy Speaker Azalina Othman Said (right) are unconstitutional.

KUALA LUMPUR: The High Court will rule on Dec 30 whether to strike out a suit brought by Dr Mahathir Mohamad and four other MPs on the appointment of Dewan Rakyat Speaker Azhar Azizan Harun and Deputy Speaker Azalina Othman Said.

Lawyer Muhammad Rafique Rashid Ali said the court had brought forward the verdict date originally fixed for Jan 18. “The court will now deliver judgment at 10am on Dec 30,” he said.

Judge Ahmad Kamal Md Shahid, who heard oral submissions from lawyers on Sept 22, had earlier fixed Nov 10 to deliver his decision.

However, he adjourned it to Jan 18 as all courts here, in Selangor and Putrajaya, were closed for physical hearings due to the conditional movement control order that is still in force.

Mahathir, who is Langkawi MP, along with Jerlun MP Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Amiruddin Hamzah and Sri Gading MP Shahruddin Md Salleh are seeking a declaration that the appointments of Azhar and Azalina are unconstitutional as they violate Article 57 of the Federal Constitution and Orders 3, 4, 6 and 47 of the Standing Orders.

Lawyers Haniff Khatri Abdulla and Rafique represented the five MPs.

Besides Azhar and Azalina, Deputy Speaker Rashid Hasnon and Dewan Rakyat secretary Nizam Mydin Bacha Mydin were also named as defendants.

In August, Azhar, Azalina, Rashid and Nizam filed applications to strike out the suit, saying the court had no jurisdiction to hear and decide on the matter.

Their argument is that Article 63(1) of the Federal Constitution states that Dewan Rakyat proceedings cannot be challenged in court.

Azhar and Rashid were represented by lawyer Amer Hamzah Arshad while Tania Scivetti appeared for Azalina and Nizam.