The High Court in Kuala Lumpur has fixed Oct 24 to hear former prime minister Dr Mahathir Mohamad's leave application to challenge the reappointment of Chief Justice Md Raus Sharif past the official retirement age.

The date was fixed by Justice Kamaludin Md Said in his chambers following a case management today.

Mahathir's lawyer Mohd Haniff Khatri Abdulla said Justice Kamaludin has also instructed parties to file written submissions.

Haniff also said that the Attorney-General’s Chambers (AGC) indicated today that it would raise a preliminary objection to the leave application.

This was confirmed by senior federal counsel Amarjeet Singh, who heads the civil division of the AGC.

The Prime Minister's Office announced in July that Justice Md Raus would serve as chief justice for three years from Aug 3, after he was appointed as an additional judge for the Federal Court on the same date for the same period.

Raus was sworn in as chief justice on Aug 5.

Critics, including the Malaysian Bar, former chief justice Abdul Hamid Mohamad and former Federal Court judge Gopal Sri Ram have called the move unconstitutional, given that Justice Md Raus is past the retirement age of 66 years and six months.

Mahathir named Prime Minister Najib Abdul Razak, the government and Justice Md Raus as respondents in the case.

Mahathir is seeking a mandamus order to compel Najib and the government to advise the Yang di-Pertuan Agong under Article 40 and Article 40(1A) of the Federal Constitution to cancel or end Justice Md Raus’ tenure as an additional judge and as chief justice.

He is also seeking a stay order on Justice Md Raus to stop him from carrying out his tasks as chief justice, and other relief deemed fit by the court.

In Mahathir's supporting affidavit, the former prime minister affirmed that the Federal Constitution does not allow anyone who reaches the age of 66 years and six months to be the chief justice.

He also said that Article 122(1A) disallows the chief justice from advising the Yang di-Pertuan Agong to appoint an additional judge who has not officially retired.

Furthermore, Mahathir stated that same Article does not allow the chief justice to give advice to the Yang di-Pertuan Agong on the appointment of additional judges just before they retire.

He added that Article 122 also does not allow additional judges to hold the top four posts in the Federal Court, including the position of chief justice.