Two MPs sue Malacca state govt over appointed reps motion

Two Malacca MPs have filed a lawsuit against the state government over the passing of the Laws of the Constitution of the State of Malacca (Amendment) Enactment 2026 Bill, which allows the addition of up to seven appointed members of the state legislative assembly.

Kota Melaka MP Khoo Poay Tiong filed the lawsuit as a voter in Malacca, while Alor Gajah MP Adly Zahari filed his in his capacity as the Bukit Katil assemblyperson at the time.

Two Malacca MPs have filed a lawsuit against the state government over the passing of the Laws of the Constitution of the State of Malacca (Amendment) Enactment 2026 Bill, which allows the addition of up to seven appointed members of the state legislative assembly.

Kota Melaka MP Khoo Poay Tiong filed the lawsuit as a voter in Malacca, while Alor Gajah MP Adly Zahari filed his in his capacity as the Bukit Katil assemblyperson at the time.

Khoo (above, third from right) said the lawsuit, filed on Oct 8, was initiated to challenge the enactment amendment motion, which is alleged to contradict the Federal Constitution.

“We hope the court will make a decision where we view the motion passed on July 14 as unconstitutional because it contradicts Article 71(4) of the Federal Constitution when read together with Section 4(1) Part I of the Eighth Schedule of the Federal Constitution, and is therefore void and invalid under Article 4(1) of the Federal Constitution,” he said at a press conference in Malacca today.

Article 71(4) grants powers to Parliament to address the absence or inconsistency of essential provisions in a state constitution.

Section 4(1), Part I, Eighth Schedule stipulates that a state assembly shall consist of elected members, with the number determined by laws passed by the state legislature.

On July 14, Chief Minister Ab Rauf Yusoh tabled the motion, which was supported by 23 assemblypersons, including three from the opposition. Five Pakatan Harapan representatives opposed the motion.

The Malacca state assembly was dissolved on Sept 23 to pave the way for the state election scheduled on Nov 14.

‘Not because of election’

During the press conference today, Khoo said his side served the notice of suit to the state secretary and the Malacca state legal adviser, requesting the court to rule that the motion contradicts both the federal and state constitutions.

He also clarified that he filed the lawsuit on Oct 8 after discovering that the bill had been officially gazetted via the state government's website, and that it had nothing to do with the upcoming state election.

“As soon as we saw the gazette published on their (state government) official website, we initiated this court action.

“It is not because the election is here that we decided to take this action. We had already decided that we want to take action to request the court to decide whether this contradicts the Federal Constitution or not,” said the Malacca DAP chief.