DR Mahathir Mohamad and four other MPs failed in their legal challenge to question the validity of the appointments of Dewan Rakyat Speaker Azhar Azizan Harun and new deputy speaker Azalina Othman Said.

The Kuala Lumpur High Court this morning struck out their suit after allowing an application by Azhar and Azalina.

Justice Ahmad Kamal Md Shahid ruled that the appointments were part of the Dewan Rakyat proceedings and could not be questioned by the court.

“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.

“The Dewan Rakyat and Dewan Negara have exclusive jurisdiction to appoint and remove their speakers and deputies.”

Dr Mahathir and the four – Mukhriz Mahathir (Jerlun), Maszlee Malik (Simpang Renggam), Amiruddin Hamzah (Kubang Pasu) and Shahruddin Md Salleh (Sri Gading) – 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.

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

The suit was filed on July 23.

Azhar and Rashid, who was not replaced by the new government, filed an application to strike out the summons on August 7.

Azalina and Nizam then filed a similar application on August 13.

They said all the plaintiffs did not have the right to bring the legal action against the defendants, besides alleging no reasonable cause of action submitted by the former against the fourth defendant (Nizam).

They added that the issues which arose were outside the jurisdiction of the court and non-justiciable according to Article 63(1) of the federal constitution.

On July 13, Prime Minister Muhyiddin Yassin’s motion to remove the Pakatan Harapan-appointed speaker, Mohamad Ariff Md Yusof, was passed narrowly, with 111 MPs in support and 109 against it.

Azhar was then appointed as the new speaker without a vote.

At the same time, Azalina was voted in to replace Nga Kor Ming, who resigned earlier in the day in solidarity with Ariff. – December 30, 2020.