PETALING JAYA: Two Melaka Pakatan Harapan (PH) leaders have filed a suit seeking a declaration that the state's 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 on Thursday and served the writ of summons on the state secretary and legal adviser today.
At a press conference outside the Seri Negeri complex, Khoo said he filed the suit in his capacity as a Melaka voter, and Adly filed it as the Bukit Katil assemblyman at the time the constitutional amendment bill was passed.
Khoo, the state DAP chief, said the amendment was gazetted on Aug 27 but they filed the suit last Thursday because the gazette was only recently published on the state government website.
"It's not because the state election is coming. That's purely coincidental.
"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.
Khoo and Adly contend that the provision is unconstitutional as the state constitution stipulates that members of the Melaka assembly are to be elected.
"Appointed assemblymen are not elected by voters and do not represent any constituency, but could influence legislative decisions and the political balance in the house," said Khoo.
PH withdrew from the Barisan Nasional-led Melaka government in July following the passage of the constitutional amendment, which allows the appointment of up to seven unelected state assemblymen.
The coalition said the amendment was fundamentally at odds with democratic principles.
The Johor assembly approved a similar amendment in June, drawing protests from PH assemblymen in the state. Previously, only Sabah, Terengganu and Pahang had laws allowing appointed assemblymen.