KUALA LUMPUR (Aug 11): Dewan Rakyat speaker Datuk Azhar Azizan Harun (pictured) and deputy speaker Datuk Mohd Rashid Hasnon have applied to strike out the originating summons (OS) filed by former prime minister Tun Dr Mahathir Mohamad and four others.
This was revealed during case management before High Court Judge Datuk Ahmad Kamal Md Shahid today.
Azhar and Rashid's striking out application was filed by law firm Messrs AmerBon on Aug 7.
As a result, Justice Ahmad Kamal fixed this Thursday for further case management.
Among the reasons cited by the Speaker and his deputy to strike out the OS is that the issues raised "in pitch and substance" account for parliamentary internal management, or parliamentary core or essential business or parliamentary ruling or decision and it is governed by Dewan Rakyat orders.
Furthermore, anything with regard to Parliament affairs are out of the court's jurisdiction as any Parliament proceedings are not justiciable in court in line with Article 63(1) of the Federal Constitution.
It was reported that Dr Mahathir along with former Kedah menteri besar Datuk Seri Mukhriz Mahathir, former education minister Dr Maszlee Malik, Kubang Pasu member of Parliament (MP) Datuk Amiruddin Hamzah and Sri Gading MP Datuk Shaharuddin Md Salleh had filed the suit on July 23.
They named Azhar, his deputies Datuk Azalina Othman Said and Rashid as well as Dewan Rakyat secretary Nizam Mydin Bacha Mydin as defendants in the suit.
The five former Parti Pribumi Bersatu Malaysia members claimed the appointments of Azhar and Azalina were unconstitutional and illegal. Hence, they want the two posts to be nullified.