Lawyer Ng Kong Peng, representing former Melaka speaker Omar Jaafar and his deputy Wong Fort Pin from the previous PH state government said Rauf and (then deputy speaker) Ghazale Muhamad filed their notice of discontinuance in the Court of Appeal on Nov 24.
“They did not provide their reasons for discontinuing with the appeal,” he told FMT.
On Nov 28, Barisan Nasional gained control of Melaka after winning 21 out of 28 seats in the Melaka state elections.
Rauf, who won the Tanjung Bidara seat, is now a state executive council member, while Ghazale did not contest in the polls.
On Jan 30, High Court judge Anselm Charles Fernandis dismissed the striking-out application by Rauf and Ghazale.
Today, Ng said although the two had withdrawn their appeals, the main suit before Anselm was still active and pending.
“A case management will be held on Dec 20,” he said.
Omar and Wong filed their originating summons on June 17 last year. The court will determine the outcome by way of affidavit evidence and the law.
Both claimed that the appointments of Perikatan Nasional’s (PN) Rauf and Ghazale following the fall of the PH state government was ultra vires the Melaka constitution and standing orders.
In their claim, Omar and Wong said the state assembly was suspended on May 11, 2020 after former Sungai Udang assemblyman Idris Haron caused a ruckus during the sitting that day.
The duo said PN then called for a meeting 30 minutes later but PH representatives, who had left the house by then, were not informed of the meeting.
Omar and Wong claimed that at the meeting, attended solely by PN assemblymen, Rauf was appointed state assembly speaker, receiving the support of 16 of the 17 assemblymen present.
The duo alleged that the subsequent meeting called by Rauf was invalid as he had been appointed without the presence of any opposition assemblymen.
Rauf and Ghazale, in their striking-out bid, contended that any proceedings in the assembly or the Dewan Rakyat could not be questioned in court, as provided for in Article 72(1) of the Federal Constitution.