She filed the application with Dewan Rakyat secretary Nizam Mydin Bacha Mydin, who was also named as one of the defendants in the summons, yesterday.
Lawyers Tania Scivetti and Syazwani Mohd Zawawi are representing Azalina and Nizam Mydin.
They informed this development to the media after the case management before High Court Judge Datuk Ahmad Kamal Md Shahid yesterday.
Azalina and Nizam Mydin, who were named as the second and fourth defendants in the originating summons, filed the strike-out application on grounds that all the plaintiffs did not have locus standi to bring the legal action against them.
The two are also claiming there was no reasonable cause of action submitted by all the plaintiffs against the fourth defendant.
According to them, the issues that arose were outside the jurisdiction of the court and non-justiciable according to Article 63(1) of the Federal Constitution.
The other two defendants, namely the Dewan Rakyat Speaker Datuk Azhar Azizan Harun and Deputy Speaker Datuk Mohd Rashid Hasnon, already filed a similar application to strike out the summons on Aug 7.
Judge Ahmad Kamal set Sept 22 to hear all applications.
On July 23, Dr Mahathir, his son Datuk Seri Mukhriz, who is former Menteri Besar of Kedah, former Minister of Education Dr Maszlee Malik, Kubang Pasu MP Datuk Wira Amiruddin Hamzah and Sri Gading MP Datuk Dr Shahruddin Md Salleh filed the originating summons action against Azhar, Azalina, Mohd Rashid and Nizam Mydin.
The five plaintiffs are seeking a declaration that the Dewan Rakyat Speaker’s post has been vacant since July 13; and that the appointments of Azhar and Azalina are invalid because it is unconstitutional and/or it is contrary to the Federal Constitution, and/or Standing Orders 3,4, 6 and 47 of the Dewan Rakyat and/or the rule of law.
The plaintiffs are also seeking a declaration that during the 14-day period for each member to nominate the candidates for the Speaker and Deputy Speaker’s posts begins from the date of the motion to vacate the posts of Speaker and/or Deputy Speaker was passed.
They are also seeking an order for the Speaker and Deputy Speaker if the posts were vacated during a sitting, to undergo the process of nomination, debate and voting by an adequate number of MPs to make it a valid appointment process.
Among the reasons given by the plaintiffs in their summons is that the action of the third defendant (Mohd Rashid) who made the ruling after informing that there was only one candidate for the Dewan Rakyat Speaker’s post is invalid; as no chance was given by Mohd Rashid and the fourth defendant (Nizam Mydin) to all MPs to nominate and/or debate or vote for the purpose of appointing the new Speaker within 14 days before the sitting can proceed.
The plaintiffs also claimed the action of the fourth defendant to proclaim and call Azhar and Azalina to take the place of Speaker and Deputy Speaker respectively is contrary to the Federal Constitution and/or Standing Order of the Dewan Rakyat, as well as invalid. — Bernama