KUALA LUMPUR: Former Umno leader Datuk Seri Khairuddin Abu Hassan has filed a lawsuit against Prime Minister Tan Sri Muhyiddin Yassin challenging the latter's advice to the Yang di-Pertuan Agong to declare an emergency.
The legal action was filed through law firm Messrs Law Practice of Rafique at the High Court, here, today.
Khairuddin named Muhyiddin and the government as the defendants.
In the suit he filed by way of an originating summons, Khairuddin is seeking for the court to hear and decide on four important constitutional questions.
Among others, the former Bersatu member wants the court to decide on whether a Prime Minister who had lost the confidence of the majority of the members of the Dewan Rakyat to advise the King to declare an emergency is unlawful and unconstitutional.
He is also seeking for the court to decide on whether the Prime Minister had acted in fraudem legis (fraud of law) when he advised the Yang di-Pertuan Agong, in a state where he no longer has majority support, to remain as the Prime Minister.
The former Batu Kawan Umno division chief wants a declaration on whether a Cabinet meeting which was chaired by Muhyiddin proposing the state of emergency was unlawful and unconstitutional.
He is also seeking for the court to decide on whether the suspension of Parliament until Aug 1 by a Prime Minister who has lost majority support is invalid and unconstitutional.
"I also affirm that at all material times, the first defendant (Muhyiddin) gave the advice to the King to proclaim emergency only for his political continuity so he could remain the Prime Minister," Khairuddin said in the court document.
The court, he said, has inherent powers under Article 121 of the Federal Constitution to hear and decide on his legal challenge and deliver a proper ruling to the constitutional questions raised in his originating summons.