MELAKA: Two Melaka Pakatan Harapan (PH) leaders have filed a lawsuit against the Melaka government, challenging the constitutionality of a state enactment allowing the appointment of up to seven non-elected assemblymen.
The suit was filed by Kota Melaka MP Khoo Poay Tiong, in his capacity as a registered voter in Melaka, and Melaka PH chairman Adly Zahari, who is also Bukit Katil assemblyman. The Melaka government is named as the defendant.
The writ of summons was served on the Melaka State Secretary's Office and the State Legal Adviser's Office at Kompleks Seri Negeri today.
The suit was filed at the Melaka High Court last Thursday.
Khoo told reporters that the amendment, gazetted on Aug 27, was unconstitutional as it contravened Article 71(4) of the Federal Constitution, read together with Section 4(1) of Part I of the Eighth Schedule to the Federal Constitution, and was therefore null and void.
He said the court is also being asked to declare that the amendment violates the basic structure of the Melaka State Constitution and should be declared invalid under the state constitution.
"Additionally, we are seeking a declaration that the amendment violates the basic structure of the Federal Constitution and is therefore null and void under Article 4(1) of the Federal Constitution," he said here today.
Khoo said the amendment undermined voters' democratic rights by allowing assemblymen to be appointed without being elected.
"Only the Chief Minister will decide who can become an appointed assemblyman, and the Chief Minister can revoke the appointment at any time after it is made.
"So we believe this undermines our democratic rights, the people's rights and voters' rights... it goes against democracy," he said.
On July 14, the Melaka State Legislative Assembly passed the Melaka State Constitution (Amendment) Enactment 2026, allowing the appointment of up to seven assemblymen.
The bill was passed with the support of 23 assemblymen, while five voted against it. - BERNAMA
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