Mahathir, 4 others file suit against Art Harun’s appointment as speaker

Dr Mahathir Mohamad.

KUALA LUMPUR: Dr Mahathir Mohamad and four MPs aligned with him have filed a suit challenging the appointments of Dewan Rakyat speaker Azhar Harun and deputy speaker Azalina Othman Said.

The five, who are seeking a declaration that the speaker’s position has been vacant since July 13, said the appointments of Azhar and Azalina were unconstitutional as they violate Articles 57 of the Federal Constitution and Orders 3, 4, 6 and 47 of the Dewan Rakyat Standing Orders.

Mahathir, who is Langkawi MP, filed the originating summons through legal firm Messrs Law Practice of Rafique at the High Court registry here this afternoon.

He said a 14-day notice must be given for MPs to propose names once the positions of speaker and deputy speaker are vacant.He also said the appointments must go through a process of nomination and debate, and be put to vote in order to be complete and legal.

Joining Mahathir as plaintiffs are Mukhriz Mahathir (Jerlun), Maszlee Malik (Simpang Renggam), Amiruddin Hamzah (Kubang Pasu ) and Shahruddin Md Salleh (Sri Gading).

Deputy speaker Rashid Hasnon and Dewan Rakyat secretary Nizam Mydin Bacha Mydin were named as defendants alongside Azhar and Azalina.

Mahathir, who affirmed an affidavit in support of the suit sighted by FMT, said Azhar’s appointment was against the supremacy of the constitution and rules of natural justice.

He also said Rashid’s decision to hold that there was only one name for the speaker’s post was illegal as MPs were not given the opportunity to propose other names within the 14-day period, following which a session should be held for the appointment.

“Nizam’s action to call Azhar to take the speaker’s position was against the constitution and Standing Orders,” he added.

Likewise, he said Azhar’s ruling that there was only one name for the deputy speaker’s post was null and void as, again, MPs were not given the opportunity to put forward other candidates.

He said he was advised by his lawyers that the High Court could hear and dispose of the matter under Article 121 of the constitution.

“The judiciary cannot be seen as interfering in the affairs of the legislature,” he said.

He added that Article 63 which states that the validity of Dewan Rakyat proceedings cannot be challenged in court had not been violated.

On July 13, a motion to remove Mohamad Ariff Md Yusof as speaker was passed by narrow vote, with 111 government MPs in support and 109 from Pakatan Harapan against it.

The decision was announced by Rashid.

Azalina meanwhile replaced Nga Kor Ming, who resigned as deputy speaker in solidarity with Ariff.-FMT