KUALA LUMPUR: The High Court has set Sept 22 to hear an application to strike out a lawsuit filed by Tun Dr Mahathir Mohamad and four other members of parliament (MP) on the appointment of Dewan Rakyat Speaker Datuk Azhar Azizan Harun and his deputies.
The former prime minister and the four - former Kedah menteri besar Datuk Seri Mukhriz Mahathir, former education minister Dr Maszlee Malik, Kubang Pasu MP Datuk Amiruddin Hamzah and Sri Gading MP Datuk Dr Shaharuddin Md Salleh - are seeking to challenge the appointment of Azhar and Datuk Seri Azalina Othman as Speaker and Deputy Speaker recently.
High Court judge Datuk Ahmad Kamal Md Shahid fixed the date after Azhar and his deputy Datuk Mohd Rashid Hasnon filed the application on Aug 7 on grounds that matters contained in the originating summons are provided in the Dewan Rakyat Standing Orders and that matters relating to the business of Parliament are not subject to the court's jurisdiction.
They said the issues raised by the plaintiffs were categorised under parliamentary debate and any parliamentary proceedings cannot be questioned in any court as provided under Article 63(1) of the Federal Constitution.
The plaintiffs named Azhar, Azalina, Mohd Rashid, and Parliament secretary Nizam Mydin Bacha Mydin as the first, second, third, and fourth defendants.
They are seeking a declaration that the appointment of Azhar who is fondly known as Art Harun and Azalina was invalid as it was unconstitutional.
The plaintiffs are also seeking to declare the appointment of the duo (Azhar and Azalina) as unconstitutional as it contravened Article 57 of Federal Constitution and Order 3, 4, 6, and 47 of Dewan Rakyat Standing Orders.
Dr Mahathir, in his supporting affidavit, claimed that all MPs were denied their 14-day period to come out with their own candidate to fill the position.
"If the court does not rectify this situation, all lower house proceedings from July 13 onwards will become invalid and could lead to the voiding of all bills and debates.
"The court under Article 121 of the Federal Constitution has the power to hear and issue orders," he said.
Article 121 of Federal Constitution deals with the judicial power of the federation of Malaysia.
On July 13, Azhar, who was a former Election Commission chairman, was declared the new Dewan Rakyat speaker replacing Mohamad Ariff.
Ariff was removed through bloc voting, despite protests from Opposition MPs who questioned the legitimacy of the motion submitted by Prime Minister Tan Sri Muhyiddin Yassin.