Solicitor-General Abdul Razak Musa, in an affidavit in support of the application, said Khairuddin’s originating summons filed on Jan 18 was frivolous, vexatious and an abuse of court process.
Razak also wants the High Court to suspend hearing of the suit pending the disposal of the striking-out application.
He said the suit did not show proof that the prime minister had lost the majority support of MPs in the Dewan Rakyat.
“The plaintiff (Khairuddin) is also unclear whether his private or public rights have been denied following the prime minister’s advice to the King,” he said in the affidavit sighted by FMT.
Razak said in targeting the prime minister, the suit was attempting to circumvent Article 150 (8) of the Federal Constitution which states that the King’s decision to declare a state of emergency cannot be challenged or questioned in court.
High Court Judge Mariana Yahya has fixed Feb 19 for case management of the suit.
In his suit, Khairuddin posed legal questions to be answered by the court as to whether Muhyiddin, who he claimed had lost the majority support of MPs, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim an emergency in the country.
Khairuddin, in his affidavit, said Umno’s Machang MP Ahmad Jazlan Yaakub had withdrawn his support for Muhyiddin on Jan 9.
“As a consequence, Muhyiddin only has the support of 110 MPs from the total 220 MPs. Muhyiddin needs a minimum support from 111 MPs to command a majority in the Dewan Rakyat,” he added, stating that both Gerik MP Hasbullah Osman (from Umno) and Batu Sapi MP Liew Vui Keong (Warisan) had died and their seats remained vacant.
Khairuddin said two days after Jazlan’s withdrawal of support for Muhyiddin (on Jan 12), Sultan Abdullah declared a state of emergency to curb the spread of Covid-19.
Istana Negara said then that the King had met with Muhyiddin on Jan 11. The Palace added that Sultan Abdullah had consented for the emergency to last until Aug 1 or an earlier date if Covid-19 cases were reduced and stabilised.
Khairuddin said the advice Muhyiddin gave to the King to declare an emergency was unconstitutional and was done so that he could continue to remain in power.
The former Batu Kawan Umno division vice-chairman posed legal questions to be determined by the court, including whether an advice on emergency proclamation by a prime minister who does not command a majority in the Dewan Rakyat is deemed to be unconstitutional, as well as whether the suspension of the Dewan Rakyat and Dewan Negara until Aug 1 by a prime minister who does not enjoy majority support is null and void.
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