DAP national organising secretary Anthony Loke said even if Prime Minister Muhyiddin Yassin attempts to delay convening the Dewan Rakyat amid uncertainties about his support in the House, this will only buy him a few months.
This is because under the federal constitution, the Yang Di-Pertuan Agong must convene the Parliament sitting not more than six months from the last day of the previous sitting.
"They can delay it, yes, but only to a certain time... The new prime minister cannot run away from the fact that he needs the endorsement from Parliament.
"If they have the majority, then they have nothing to fear. They can immediately call the next Parliament sitting as soon as the cabinet is formed," he told journalists after his farewell function by the Transport Ministry in Putrajaya today.
Loke, who is also Seremban MP, stressed that the Pakatan Harapan coalition, which was ousted from the government by Muhyiddin's new Perikatan Nasional government, will act within the constitution and law to remedy the situation.
"We should be calm, relaxed and patient. Whatever resolution we want, it will be within the framework of the constitution. It can be done," he said.
The previous Dewan Rakyat sitting concluded on Dec 5, 2019, which means the Agong must reconvene the House by early June.
The Parliament sitting is scheduled to convene on March 9 but there has been speculation that Muhyiddin may try to delay the sitting until he has consolidated his position by ensuring he has a comfortable majority in the Dewan Rakyat.
Harapan claims it has the support of 114 MPs but the situation remains in a state of flux as MPs are still switching allegiances. The support of 112 MPs is needed for a simple majority.
Article 55(1) of the federal constitution states: "The Yang Di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session."
However, the constitution is silent on the consequence if more than six months is allowed to elapse.
At the farewell function, Loke, who is the former transport minister, said his biggest regret was that he could not table a paper to the cabinet on providing a settlement to the MH370 next-of-kin.
Loke said he hopes his successor will pursue the matter.
He added that the immediate priority for the incoming minister is also to finalise the Rapid Transit System with Singapore, which must be concluded by the end of next mont, as well as amendments to the law to strengthen punishments against drunk drivers who cause deaths.