‘May 18 parliamentary sitting valid’

Affidavit filed to affirm one-day meeting said it adhered to Federal Constitution

The May 18 Parliament meeting was valid as it adhered to the Federal Constitution and the Dewan Rakyat standing orders, an affidavit said.

The affidavit was affirmed and signed by Dewan Rakyat secretary Nizam Mydin Bacha Mydin on behalf of Prime Minister Tan Sri Muhyiddin Yassin and Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusoff.

It was filed at the Kuala Lumpur High Court registry on June 22.

It was filed in reply to a legal challenge on the validity of the single-day parliamentary session posed by two plaintiffs – lawyer R. Kengadharan and social activist D. Arumugam.

According to Nizam, “Ketua Majlis” had issued two letters addressing the matter.

Ketua Majlis refers to the prime minister under the Malaysian parliamentary system.

In the first letter dated April 17, Ketua Majlis fixed May 18 as the only day for a Parliamentary sitting due to the Covid-19 pandemic.

In the second letter dated May 12, Ketua Majlis said the sitting would be restricted to only hearing the royal address due to the Covid-19 dangers.

The Dewan Rakyat was initially fixed for a 15-day sitting between May 18 and June 23.

“I believe and state that the first meeting held on May 18, 2020, does not contravene the Federal Constitution as well as the standing order.

“I have been advised by the senior federal counsel and verily believe and state that the plaintiffs’ application is misconceived under the law as well as under the standing order,” he added.

Nizam said the plaintiff’s application had no merit and sought it to be dismissed with cost.

On May 15, the plaintiffs filed the originating summons and named Muhyiddin and Mohamad Ariff as the first and second defendants respectively.

They sought a declaration that the May 18 sitting was null and void as it only heard the Yang di-Pertuan Agong’s speech and therefore contravened Article 55 (1) of the Federal Constitution.

Article 55 (1) states that the Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

The next Parliamentary meeting is set for July 13.