KUALA LUMPUR: Former Batu Kawan Umno division chief Khairuddin Abu Hassan is challenging the advice given by Prime Minister Tan Sri Muhyiddin Yassin to the King over the recent Emergency proclamation.
Khairuddin, 58, filed the originating summons through law firm Messrs Law Practice of Rafique here on Monday (Jan 18).
He named Muhyiddin and the government as the first and second defendants respectively.
According to the court documents, Khairuddin is seeking among others for a court declaration on whether Muhyiddin's advice to the King was unlawful and unconstitutional as he claimed that Muhyiddin had lost the support of lawmakers in Dewan Rakyat.
He wants a declaration whether a Cabinet meeting chaired by Muhyiddin to propose the state of Emergency was unlawful and unconstitutional.
Khairuddin is also seeking for a declaration whether the suspension of Parliament until Aug 1 by a prime minister who has lost the majority was unlawful and unconstitutional.
In his supporting affidavit, Khairuddin said the advice given by the Prime Minister to the King was "in fraudem legis" (fraud of law) whereby when the advice was dispensed, the Prime Minister had lost the majority support to hold his position as the premier.
He said the court had inherent powers under Article 121 of the Federal Constitution to hear and decide on his legal challenge in order to give a proper ruling and orders to the constitutional issues he raised in his originating summons.
On Jan 12, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah proclaimed a state of Emergency nationwide until Aug 1 to contain further spread of the Covid-19 pandemic.