Parti Amanah Negara filed a judicial review today seeking an explanation from Chief Justice Md Raus Sharif on the basis of his appointment.

The application was filed in the High Court in Kuala Lumpur by Amanah assistant secretary Abang Ahmad Kerdee Abang Masagus, in which he named Raus as the sole respondent.

Abang Kerdee is seeking leave to get the declaration that the appointment of Raus as an additional judge and his appointment as CJ under Article 124 (4) of the Federal Constitution are unconstitutional, and thus invalid.

Abang Kerdee (photo) is also seeking leave to get a writ of quo waranto for Raus to explain the basis of him holding the posts of additional judge or CJ.

The judicial review application was filed by the firm of Hanipa Maidin, the Serdang MP, who was present in court.

Hanipa was joined by the party's deputy president Salahudin Ayob, secretary-general Anuar Tahir, and Kuala Terengganu MP Raja Kamarul Bahrin Shah Raja Ahmad.

Abang Kerdee is arguing that Raus can only hold the post of CJ if he is a valid Federal Court judge.

Raus was scheduled for mandatory retirement, according to Article 125 (1) of the Federal Constitution, on Aug 4 this year.

However, he was on that day appointed as an additional judge before the Yang di-Pertuan Agong, on the advice of the previous CJ, and was made CJ thereafter.

According to Abang Kerdee's application, a CJ should retire at the age of 66 years and six months, the automatic retirement age, without extension.

Abang Kerdee also questioned the nature of the appointment, stating that an additional judge can only be appointed on the advice of a CJ who is still holding the post.

“In the context of this case, Raus is the CJ and not Arifin Zakaria as CJ, as Arifin retired earlier.

“As the appointment of Raus as an additional judge is illegal and null and void, his appointment as CJ is also affected, illegal and null and void,” he added.

Besides Amanah, former prime minister Dr Mahathir Mohamad and the Malaysian Bar have also filed separate challenges against Raus and Court of Appeal president Justice Zulkefli Ahmad Makinudin, who have exceeded the 66 years and six months compulsory retirement age.

The decision on Mahathir's challenge for leave will be delivered on Nov 6, while the Malaysian Bar matter has been fixed for case management on Nov 9.