KUALA LUMPUR: Dewan Rakyat deputy speaker Azalina Othman Said has filed an application to strike out an originating summons filed by former prime minister Dr Mahathir Mohamad and four others challenging the legitimacy of her appointment.
Azalina filed the application with Dewan Rakyat secretary Nizam Mydin Bacha Mydin, who was also named as one of the defendants, yesterday.
Lawyers Tania Scivetti and Syazwani Mohd Zawawi, who represented Azalina and Nizam Mydin, disclosed this after case management before High Court judge Ahmad Kamal Md Shahid today.
Azalina and Nizam Mydin, who were named as the second and fourth defendants, respectively, filed the strike-out application on grounds the plaintiffs did not have locus standi to bring the legal action against the defendants.
Additionally, the duo claimed 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 – Dewan Rakyat speaker Azhar Azizan Harun and deputy speaker Mohd Rashid Hasnon – had filed a similar application to strike out the summons on Aug 7.
Judge Ahmad Kamal set Sept 22 to hear all the applications.
On July 23, Mahathir, his son Mukhriz, Maszlee Malik, Amiruddin Hamzah and 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 had been vacant since July 13 and that the appointments of Azhar and Azalina were invalid because it was unconstitutional and/or contrary to the Federal Constitution and/or Standing Orders 3, 4, 6 and 47 of the Dewan Rakyat and/or the rule of law.