KUALA LUMPUR, Aug 13 ― Datuk Seri Azalina Othman Said has filed an application to strike out the originating summons filed by former Prime Minister Tun Dr Mahathir Mohamad, his son and three others who challenged the legitimacy of her appointment as Deputy Speaker of Dewan Rakyat.
Azalina filed the application with Dewan Rakyat secretary Nizam Mydin Bacha Mydin, who was also named as one of the defendants in the summons, yesterday.
Lawyers Tania Scivetti and Syazwani Mohd Zawawi who represented Azalina and Nizam Mydin said this to the media after the case management before High Court Judge Datuk Ahmad Kamal Md Shahid today.
Azalina and Nizam Mydin, who were named as the second and fourth defendants in the originating summons, filed the strike-out application on grounds that all the plaintiffs did not have locus standi to bring the legal action against the defendants, besides claiming that there was no reasonable cause of action submitted by all the plaintiffs against the fourth defendant.
According to them, the issues that arose were outside the jurisdiction of the court and non-justiciable according to Article 63(1) of the Federal Constitution.
The other two defendants, namely the Dewan Rakyat Speaker Datuk Azhar Azizan Harun and Deputy Speaker Datuk Mohd Rashid Hasnon, already filed a similar application to strike out the summons on August 7.
Judge Ahmad Kamal set September 22 to hear all applications.
On July 23, Dr Mahathir, his son Datuk Seri Mukhriz, who is former Mentri Besar of Kedah, former Minister of Education Maszlee Malik, Kubang Pasu MP Datuk Wira Amiruddin Hamzah and Sri Gading MP Datuk Dr Shahruddin Md Salleh filed the originating summons action against Azhar, Azalina, Mohd Rashid and Nizam Mydin.
The five plaintiffs are seeking a declaration that the Dewan Rakyat Speaker’s post has been vacant since July 13 and that the appointments of Azhar and Azalina are invalid because it is unconstitutional and/or it is contrary to the Federal Constitution and/or Standing Orders 3,4, 6 and 47 of the Dewan Rakyat and/or the rule of law.
The plaintiffs are also seeking a declaration that during the 14-day period for each member to nominate the candidates for the Speaker and Deputy Speaker’s posts begins from the date the motion to vacate the posts of Speaker and/or Deputy Speaker was passed.
They are also seeking an order for the Speaker and Deputy Speaker if the posts were vacated during a sitting, to undergo the process of nomination, debate and voting by an adequate number of MPs to make it a valid appointment process.
Among the reasons given by the plaintiffs in their summons is that the action of the third defendant (Mohd Rashid) who made the ruling after informing that there was only one candidate for the Dewan Rakyat Speaker’s post is invalid as no chance was given by Mohd Rashid and the fourth defendant (Nizam Mydin) to all MPs to nominate and/or debate or vote for the purpose of appointing the new Speaker within 14 days before the sitting can proceed.
The plaintiffs also claimed that the action of the fourth defendant to proclaim and call Azhar and Azalina to take the place of Speaker and Deputy Speaker respectively is contrary to the Federal Constitution and/or Standing Order of the Dewan Rakyat, as well as invalid.
In his supporting affidavit, Dr Mahathir said the court, under the scope of the judicial power, is obliged and has the right to grant all the declarations sought by the plaintiffs to determine that any Dewan Rakyat sitting after July 13 which involved national decisions and/or the approval of bills that are not tainted with defects and invalidity.
He said if the court did not carry out its responsibility to correct the irregularities applied for in the originating summons, then the sitting of Dewan Rakyat after July 13 either chaired by Azhar or Azalina will be invalid and will have the potential of making any approval given to bills and debates to also be invalid. ― Bernama