PH Melaka mahu pindaan Adun lantikan diisytihar tidak berperlembagaan

The two leaders of the Pakatan Harapan (PH) coalition in Melaka have filed a petition to the High Court in order to challenge the constitutionality of a statutory provision that allows for the appointment of an Assemblyman without a by-election being held. Adly Zahari, the current head of PH in Melaka, and Khoo Poay Tiong, his successor, submitted the petition in the High Court in Melaka earlier this week, before delivering it to the government's secretary and state legal advisor today.

Speaking at a media briefing outside the Seri Negara State Complex, Khoo explained that he had filed the petition as a voter of Melaka, while Adly, who was previously the Assemblyman for Bukit Katil, filed it as an Assemblyman at the time the relevant statute was passed. Khoo, who is also the head of the DAP in Melaka, stated that the petition was filed on August 27, but the court action only commenced earlier this week because the relevant newspaper report was only published recently on the state government's website.

This was not due to the approaching state election; it was merely a coincidence. Following the statute's approval on July 14, PH had expressed its desire to take the matter to court. They had been waiting for the statute to be published before filing the petition, as court proceedings could only begin after its publication, explained the Melaka MP.

Khoo and Adly argued that the statutory provision is unconstitutional because the Melaka State Legislature has determined that an Assemblyman must be elected through a by-election. The appointed Assemblyman does not represent any constituency and cannot represent any area, but they can influence parliamentary decisions and the political balance of power within the Dewan.

In July, PH withdrew from the Melaka government led by the Barisan Nasional (BN) following the approval of the aforementioned statutory provision, which allowed for the appointment of up to seven Assemblymen without by-elections. This arrangement was deemed contrary to the fundamental principle of democracy. In June, the Dewan Negara (Federal Senate) also approved a similar provision, which faced opposition from PH Assemblymen in the state.

Prior to this, only Sabah, Terengganu, and Pahang had statutes that permitted Assemblymen to be appointed without by-elections.