DKU, SUA mohon mencelah kes singkir Yang Dipertuan Besar
DKU dan setiausahanya berhujah ada kepentingan langsung kerana Tuanku Muhriz Tuanku Munawir merupakan pengerusi DKU.
Negeri Sembilan's Legal and Parliamentary Council (DKU) and Royal House of Negeri Sembilan jointly requested to challenge the declaration that Tuanku Muhriz was removed as Yang Dipertuan Besar of Negeri Sembilan. The petition, filed on August 6, aimed to include four individuals as respondents and requested the full pleading to be submitted to them.
The first two respondents were the Chief Minister of Negeri Sembilan and the state government. DKU also sought a stay on the application for a declaratory order, pending the filing of the application for a stay. DKU and the Royal House argue that they have a direct interest in the matter, as Tuanku Muhriz is their president and any attempt at removal would directly affect the administration of the council, their jurisdiction, and functions.
DKU and the Royal House further stated that the application for a declaratory order filed on July 17 had exceeded the deadline. They claim the dismissal of the removal claim was made on March 5, meaning any declaratory order should have been filed within three months, i.e., before or on June 5, under Rule 53(3) of the High Court Rules 2012.
They argue that the declaration challenged had been cancelled by DKU on July 31, rendering the dispute academic in nature. The cancellation is recorded in DKU's official statement dated August 1. DKU further emphasized that three of the four petitioners are no longer holding their respective positions, while the fourth petitioner was never officially appointed as Rembau Deputy due to the improper fulfillment of the appointment procedure.
It stated that the petitioners also failed to present material facts, including the initial complaint filed in the High Court, the interim injunction issued against them on June 5, and the proceedings arising from the contempt charge. They asserted that petitioners should have been granted freedom from contempt charges before pursuing any other claim, although a temporary stay granted by the Appeal Court on July 29 remains in force.
DKU stated that the claimed declaration is not legally valid as it allegedly was made without full and proper investigation, as required under Section 10(1) of the State Government Body Act, and without giving notice or an opportunity to Tuanku Muhriz to defend himself. DKU asserted there was no declaration signed by the Chief Minister and the Chief Minister of the state, as required under Section 10(2) of the State Government Body Act, had been issued.
The petition was supported by affidavits sworn by Raja Norazli, Faris Johari, who succeeded Mubarak Dohak, and Hassan Ab Hamid, the new Rembau Deputy. Raja Norazli, Faris, Hassan, and new Rembau Deputy were represented by counsel Khairul Azam Abdul Aziz, David Dinesh Mathew, and Shafril Halim, respectively. Senior Public Prosecutor Nurhafizza Azizan informed the press that the judge asked Khairul to seek guidance from his lawyer on whether the court is the appropriate forum to hear the petition, given that a similar proceeding is already underway in Seremban.
Nurhafizza also stated that the judge dismissed Khairul's request to obtain a restraining order against speaking, as the case is of public concern. The involved parties will return to the High Court on October 7 to update Norliza Othman, the judge.
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