MELAKA, Oct 12 — Two Melaka Pakatan Harapan leaders have filed a lawsuit challenging a state constitutional amendment on the appointment of state assemblymen.
The suit was filed by Kota Melaka MP Khoo Poay Tiong, a registered voter in Melaka, and Melaka Harapan chairman Adly Zahari, who is also a Bukit Katil state assemblyman. The Melaka state government is named as the defendant.
The writ of summons was served on the Melaka State Secretary’s Office and the State Legal Adviser’s Office at Kompleks Seri Negeri today.
The suit was filed at the Melaka High Court on Thursday (October 8).
Khoo said that the amendment, gazetted on August 27, was unconstitutional because it contravened Article 71(4) of the Federal Constitution, read together with Section 4(1) of Part I of the Eighth Schedule to the Federal Constitution, and was therefore null and void.
He is also seeking a court declaration that the amendment violates the basic structure of the Melaka State Constitution and should be declared invalid under the state constitution.
“Additionally, we are seeking a declaration that the amendment violates the basic structure of the Federal Constitution and is therefore null and void under Article 4(1) of the Federal Constitution,” Khoo told the media today.
He also claimed that the amendment undermined voters’ democratic rights by allowing state assemblymen to be appointed without being elected.
“Only the Chief Minister will decide who can become an appointed assemblyman, and the Chief Minister can revoke the appointment at any time after it is made.
“So we believe this undermines our democratic rights, the people’s rights and voters’ rights…it goes against democracy,” Khoo said.
On July 14, the Melaka State Legislative Assembly passed the Melaka State Constitution (Amendment) Enactment 2026, allowing the appointment of up to seven state assemblymen.
The bill was passed with the support of 23 state assemblymen, while five voted against it.
