KUALA LUMPUR: The High Court here today allowed an application by Dewan Rakyat speaker Azhar Azizan Harun and his deputies to strike out a lawsuit filed by Dr Mahathir Mohamad and four other MPs to question the validity of their appointments.
Judge Ahmad Kamal Md Shahid said the court is prohibited from questioning the business of the Dewan Rakyat and state assemblies, as stipulated under Article 63(1) of the Federal Constitution.
“The appointments of the speaker and deputies were debated and voted on during the sitting on July 13, where 111 MPs voted in favour while 109 MPs voted against.
“The appointments are part of the Dewan Rakyat proceedings,” he said.
Kamal also said the dispute over the appointment of Azhar and deputy speaker Azalina Othman Said had become conclusive once the MPs had cast their votes.
“The Dewan Rakyat and Dewan Negara have exclusive jurisdiction to appoint and remove their speakers and deputies,” he added.
Mahathir and the other four – Mukhriz Mahathir (Jerlun), Maszlee Malik (Simpang Renggam), Amiruddin Hamzah (Kubang Pasu) and Shahruddin Md Salleh (Sri Gading) – had sought a declaration that the appointment of Azhar and Azalina was unconstitutional as it violated Article 57 of the Federal Constitution and Standing Orders 3, 4, 6 and 47.
Besides Azhar and Azalina, deputy speaker Rashid Hasnon and Dewan Rakyat secretary Nizam Mydin Bacha Mydin were named as defendants.- FMT