Report: Dewan Rakyat Speaker, deputy file motion to dismiss Dr Mahathir’s legality challenge

KUALA LUMPUR, Aug 11 — Dewan Rakyat Speaker Datuk Azhar Azizan Harun and his deputy Datuk Rashid Hasnon have filed an application to dismiss Tun Dr Mahathir Mohamad’s challenge of the former’s appointment as well as that of another deputy, Datuk Seri Azalina Othman Said.

Malaysiakini reported that the striking-out bid was done at the Kuala Lumpur High Court Registry on August 7 through law firm Messrs AmerBon.

Lawyer Muhammad Rafique Rashid Ali, who acts for Dr Mahathir and four other plaintiffs in the matter, told Malaysiakini that the court has fixed this Thursday for further case management.

“The court has set a date for physical case management on August 13, 2020, to get further directions from the court on the originating summons filed by the plaintiffs and the striking out of originating summons filed by the first and third defendants (Azhar and Rashid),” Rafique was quoted as saying after attending an e-review for the case which is managed by High Court judge Datuk Ahmad Kamal Shahid this morning.

Besides Dr Mahathir, who stepped down as prime minister in February, the four other MPs listed as plaintiffs are: Jerlun MP Datuk Seri Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Datuk Amiruddin Hamzah, and Sri Gading MP Datuk Shahruddin Md Salleh.

The five plaintiffs are seeking a declaration that the appointments of Azhar and Azalina are invalid, inconsistent and contradictory with the Federal Constitution and Dewan Rakyat Standing Orders.

They are also seeking a declaration that following the Speaker's post vacated by Tan Sri Mohamad Ariff Md Yusof, all MPs must be given an opportunity to find a candidate for the position.

The five plaintiffs also want a declaration that the posts of both Dewan Rakyat Speaker and deputy Dewan Rakyat Speaker have remained vacant since July 13.