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KUALA LUMPUR: A lawyer and social activist went to the High Court to seek a statement that the day Dewan Rakyat sat on Monday is unconstitutional.
R Kengadharan and D Arumugam, who named Prime Minister Muhyiddin Yassin and Dewan Rakyat President Mohamad Ariff Md Yusoff, as defendants, said the notice issued to parliamentarians two days ago was against the Federal Constitution and the Regulations of the camera.
They also said it was public knowledge that the opposition intended to pass a motion of distrust against the prime minister.
The proposal, presented by former Prime Minister Dr. Mahathir Mohamad, was accepted by the speaker last week.
However, Ariff later said that the May 18 session would only see the actual Yang di-Pertuan Agong speech on the agenda.
He said Muhyiddin informed him of the changes.
Kengadharan and Arumugam said that interrupting the meeting would prevent the motion from being presented and debated.
“Monday’s meeting will be an” exercise of colourable power “by the prime minister and his cabinet,” they said in their affidavit in support of the FMT hearing.
His original subpoena was filed by the Gunaseelan & Associates law firm today.
His lawyer T Gunaseelan said the statement could make the government and Parliament lose their legitimacy.
“All the arguments will be fully examined in court in due course,” he told FMT.
In their affidavit of support, Kengadharan and Arumugam said the one-day meeting would not meet the requirements of Article 55 of the constitution, as other important matters would not be discussed, as stated in Order 14 (1).
They also said that the meeting would not be in line with Article 55, given the words “sitting”, “meeting” and “session” under Order 98.
They said that Article 55 also states that Parliament must be allowed to conduct its business as set forth in Order 14 (1).
“As a parliamentary democracy, our Parliament must carry out its functions in accordance with democratic principles, and the members of Dewan Rakyat and Dewan Negara must be able to express their positions without hindrance.”
They said it was the prime minister’s duty to advise the king to convene a meeting in accordance with article 55.
“It is also the speaker’s duty to ensure that the May 18 meeting is in accordance with article 55 and orders 11, 12 and 15,” they said.
The May 18 session will be the first time that MPs have met in Parliament since the change of government in March after the collapse of the Pakatan Harapan administration.
The Dewan Rakyat was scheduled to sit for 15 days starting May 18.
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