
Judge Ahmad Kamal Md Shahid turned down Khairuddin’s application to initiate judicial review on grounds that he had no locus standi to seek the remedy.
In his application, Khairuddin claimed that Idrus had failed to execute his constitutional duty in providing advice to the Yang di-Pertuan Agong that Muhyiddin did not have the majority support of the MPs.
He sought an order to compel Idrus to advise Muhyiddin to resign.
Khairuddin pointed out that Machang MP Ahmad Jazlan Yaakub and Padang Rengas MP Nazri Aziz had withdrawn their support for Muhyiddin and Perikatan Nasional on Jan 9 and Jan 12. Without the two MPs, Muhyiddin no longer enjoyed majority support, he said.
Kamal said he was of the opinion that this subject matter was not amenable to judicial review.
“He (Khairuddin) has failed to show he was adversely affected by the AG’s decision,” he said in his ruling, adding that Idrus’ name had also been wrongly spelt as “Idris” in the application.
Khairuddin had posed legal questions on whether Muhyiddin, who he said had lost majority support in the Dewan Rakyat, could still advise Sultan Abdullah Sultan Ahmad Shah to proclaim an emergency.
The Attorney-General’s Chambers previously argued that Khairuddin had no legal standing to initiate this legal challenge because he failed to show he had genuine interest in the matter.
Khairuddin has also commenced a lawsuit against Muhyiddin, claiming he does not have the legitimacy to advise the King to declare an emergency.