Their lawyer, Mohd Hafarizam Harun, said the originating summons is not sustainable as the legislative assembly had been dissolved on Oct 4 to pave the way for fresh state elections.
He said voters had elected a new state government, in reference to Barisan Nasional having returned to power, after winning 21 of the 28 state seats on Nov 20.
“The suit has been overtaken by time and it is now academic,” he told FMT on the update of the case now before High Court judge Anselm Charles Fernandis.
However, lawyer Ng Kong Peng, representing former speaker Omar Jaafar and his deputy, Wong Fort Pin, from the previous Pakatan Harapan (PH) state government, said there were “live issues” in the suit.
Fernandis has now asked parties to file written submissions on the academic issue by Jan 5 and will hear oral submissions on Feb 10.
“If the preliminary objection is dismissed as the issues are not academic, the judge will hear the merit of the case on March 10,” Ng said.
In their claim filed on June 17 last year, Omar and Wong said the state assembly was suspended on May 11, after former Sungai Udang assemblyman Idris Haron caused a ruckus during the sitting that day.
The duo said assemblymen from the then state government, comprising BN and Perikatan Nasional, 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 and BN assemblymen, Rauf was appointed the 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 assemblyman.
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.
On Jan 30, Fernandis dismissed the striking-out application by Rauf and Ghazale and held that the complaint must be heard.
They went to the Court of Appeal but withdrew their appeal last month.
Following last month’s election victory by BN, Rauf, who won the Tanjung Bidara seat, is now a state executive council member. Ghazale was dropped by BN and did not get to defend his Rim seat.