Friday, August 15, 2014

Khalid must resign once it’s clear he lost reps’ support, says law professor

Published: 15 August 2014

Tan Sri Abdul Khalid Ibrahim must be honourable enough to resign once it is clear he has lost the majority support of Selangor assemblymen, a law lectuter said, citing a 2010 Federal Court precedent.
Professor Gurdial Singh Nijar (pic) of Universiti Malaya said what Khalid should do next has been established in 2010 by the Federal Court in the Nizar-Zambry tussle for the Perak MB post.

He said the court held that the MB “should take the honourable way out by tendering his resignation and the resignation of the executive council”.
“If the MB refuses or does not tender his resignation and the resignation of the executive council, the fact remains that the executive council is dissolved (which include the MB)”, he said in a statement today.

Gurdial said it was not necessary for the Sultan to remove the MB and other members of the executive council.

He said the apex court had held that the Sultan was at liberty to appoint another MB to replace Datuk Seri Nizar Jamaluddin, the then Perak MB.

Gurdial said the court ruling on the Perak constitutional crisis had clearly shown the way how the Sultan must exercise his discretion.

“His Royal Highness must appoint someone who has the command and confidence of the majority of the members of the legislative assembly," he said, citing  a phrase in the judgment.

Gurdial said the judgment stated that “in the present case there is no doubt that Zambry (new MB) [Datuk Seri Zambry Abdul Kadir] has the majority support of the members of the legislative Assembly. He has the support of 31 members from 59 members of the Legislative Assembly.

"All that remains now is for the Sultan (of Selangor) to act urgently and make the decision in accordance with the law as established by the Federal Court and immediately reassert the neutral role of a constitutional monarch," Gurdial added.

He said the Perak case precedent is not a question of following, or not, a decision that is “wrong” or a “travesty of justice”.

He said it was a matter simply of relying upon principles clearly declared to be applicable by the highest court of the land.

"In as much as the then MB (Nizar) had to adhere to the ruling and relinquish his post, by the same token the same must necessarily apply to the present embattled Selangor MB (Khalid)" he said.

Gurdial said Khalid's refusal to exercise his power to request the Sultan to convene a meeting of the state assembly to test his support, and continuing to rule without a majority, was thwarting the democratic process.

Yesterday  Kajang state representative Datuk Dr Wan Azizah Wan Ismail showed proof that 30 elected representatives were supportive of her to replace Khalid.

The Selangor state assembly has 56 members, with DAP and PAS having 15 each, PKR 13 and Barisan Nasional 12. Khalid is now an Independent following his sacking from PKR last weekend.

Two assemblymen from PAS have openly showed their support for PR and Dr Wan Azizah  while the position of 13 others were unknown. - August 15, 2014

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