Two Melaka Pakatan Harapan (PH) leaders have filed a lawsuit seeking a declaration that a state constitutional amendment allowing the appointment of unelected assemblymen is unconstitutional.
Melaka PH chief Adly Zahari and his deputy, Khoo Poay Tiong, filed the suit at the Melaka High Court last Thursday and served the writ of summons on the state secretary and legal adviser today.
Speaking at a press conference outside the Seri Negeri complex, Khoo said he filed the suit as a Melaka voter, while Adly did so in his capacity as the Bukit Katil assemblyman when the amendment bill was passed.
Khoo, who is also Melaka DAP chief, said the amendment was gazetted on Aug 27. However, they filed the suit only last Thursday because the gazette had only recently been published on the state government’s website.
PH says legal action unrelated to state election
Khoo denied that the lawsuit was linked to the upcoming Melaka state election, saying the decision to challenge the amendment had been made after the bill was passed on July 14.
‘It’s not because the state election is coming. That’s purely coincidental,’ he said.
‘After the bill was passed on July 14, we already said that we want to bring this to court, and we were keeping an eye out for the gazette because we can only start the court process after it’s gazetted,’ the Kota Melaka MP added.
Adly and Khoo argue that the amendment is unconstitutional because the Melaka state constitution stipulates that assemblymen must be elected.
Khoo said appointed assemblymen would not be elected by voters or represent any constituency, but could still influence legislative decisions and the political balance in the state assembly.
Amendment prompted PH withdrawal from state government
PH withdrew from the Barisan Nasional-led Melaka state government in July following the passage of the amendment, which allows the appointment of up to seven unelected assemblymen.
The coalition said the amendment was fundamentally at odds with democratic principles.
Johor’s state assembly approved a similar constitutional amendment in June, prompting protests from PH assemblymen in the state.
Before these developments, only Sabah, Terengganu and Pahang had laws allowing the appointment of unelected assemblymen.
