MELAKA: Melaka Pakatan Harapan leaders have taken the state government to court over a constitutional amendment allowing up to seven unelected assemblymen to be appointed to the state legislature.
State Pakatan deputy chairman Khoo Poay Tiong said he and Melaka Pakatan chairman Adly Zahari filed an originating summons on Oct 8 to challenge the validity of the amendment.
Khoo, who is also Melaka DAP chairman and Kota Melaka MP, said they were seeking a ruling from the Melaka High Court on whether the Melaka State Constitution (Amendment) Enactment 2026 contravened the Federal Constitution.
He said the amendment, passed on July 14 and gazetted on Aug 27, was inconsistent with the basic structure of both the state and Federal constitutions.
“We are asking the court to declare the amendment unconstitutional because it contravenes Article 71(4) of the Federal Constitution, read together with Section 4 of Part I of the Eighth Schedule.
“We therefore contend that the amendment is void and invalid under Article 4(1) of the Federal Constitution,” he said.
Khoo was speaking during a Facebook live broadcast after serving notice of the originating summons at the offices of the State Secretary and State Legal Advisor at Seri Negeri in Ayer Keroh here on Monday (Oct 12).
He said he was bringing the action in his capacity as a voter in the state, while Adly was doing so in his capacity as a state assemblyman at the time of filing.
Asked why the legal challenge had only been initiated now, Khoo said they had decided to contest the amendment in court shortly after it was passed in July.
However, he said they waited until the amendment had been gazetted and published on the official website before commencing proceedings.
“We had already decided to take this matter to court so that it could determine whether the amendment contravenes the Federal Constitution,” he said.
Khoo said the provision raised concerns over democratic representation as it allowed up to seven assemblymen to be appointed without going through an election.
He also questioned what he described as the Chief Minister’s power to determine who would be appointed and to remove appointed assemblymen.
Khoo said Pakatan had withdrawn from the state administration following the amendment’s passage and was pursuing the legal challenge as part of its opposition to the changes.
The Melaka legislative assembly passed the amendment on July 14 with 23 votes in favour and five against.
Melaka Chief Minister Datuk Seri Ab Rauf Yusoh had then said the changes would strengthen representation by allowing individuals with expertise and experience in various fields to contribute to policymaking and legislative debates.
