In his originating summons filed at the Kuala Lumpur High Court, Khairuddin posed legal questions to be answered by the courts on whether Muhyiddin, who he claimed had lost his majority support in the Dewan Rakyat, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim an emergency in the country.
Khairuddin, in his affidavit, said that Umno’s Machang MP Ahmad Jazlan Yaakub had withdrawn his support for Muhyiddin on Jan 9.
“As a consequence, Muhyiddin only has the support of 110 MPs from the total 220 MPs.
“Muhyiddin needs a minimum support from 111 MPs to command a majority in the Dewan Rakyat,” he added, stating that both Gerik MP Hasbullah Osman and Batu Sapi MP Liew Vui Keong have passed away and their seats remain vacant.
Khairuddin said that two days after Jazlan’s withdrawal (on Jan 12), Sultan Abdullah declared a state of emergency until Aug 1, to curb the spread of Covid-19.
Istana Negara said then that the King had met with Muhyiddin on Jan 11. The Palace added Sultan Abdullah has consented for the emergency to last until Aug 1 or an earlier date if Covid-19 cases are reduced and stabilised.
“I would like to state that the prime minister had lost the majority support from MPs and thus the advice he gave to the Yang di-Pertuan Agong on the emergency declaration is unconstitutional.
“I humbly affirm that the prime minister’s action in advising Sultan Abdullah to declare an emergency was done for the purpose of staying in power,” Khairuddin said.
The fierce 1MDB critic posed legal questions to be determined by the court, namely; whether an advice on emergency proclamation by a prime minister who does not command a majority in the Dewan Rakyat is deemed to be unconstitutional, as well as whether the suspension of the Dewan Rakyat and Dewan Negara until Aug 1 by a prime minister who does not enjoy majority support is null and void.
“I believe that the prime minister’s action in suspending Parliament was an attempt to circumvent Article 43(4) of the Federal Constitution.
“This ‘constitutional crisis’ has never happened in our country’s history, where a prime minister who lost his majority support can advise the Yang di-Pertuan Agong for an emergency declaration,” Khairuddin said.
We are live on Telegram, subscribe here for breaking news and the latest announcements.