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Two Malacca MPs file suit challenging new appointed legislators amendment

MPs Khoo Poay Tiong and Adly Zahari have taken legal action against the Malacca state government over a bill that would add up to seven appointed members to the state assembly.

Two members of parliament, Khoo Poay Tiong and Adly Zahari, have sued the Malacca state government to block the Malacca State Constitution (Amendment) Bill 2026, which would permit the inclusion of up to seven appointed legislators. They contend the amendment conflicts with the Federal Constitution’s Article 71(4) and the Eighth Schedule’s provision that state assemblies consist solely of elected members. Khoo initiated the suit as a Malacca voter, whereas Adly filed in his capacity as the former Bukit Katil assemblyperson.

The motion to amend the constitution was tabled by Chief Minister Ab Rauf Yusoh on July 14 and received backing from 23 assemblypersons, three of whom were from the opposition, while five Pakatan Harapan members opposed it. The state assembly was dissolved on Sept 23 to prepare for a state election scheduled for Nov 14. The plaintiffs emphasized that the legal action was prompted by the official gazetting of the bill, not by the upcoming election, and they seek a court ruling on its constitutionality.

Why it matters

The case could determine whether state governments can appoint legislators, affecting democratic representation in Malaysia.

In this story

Malaccaappointed legislatorsconstitutional amendmentlawsuitfederal constitutionArticle 71(4)state election
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