Thursday, August 14, 2014

Pakatan can show sultan it has clear majority to replace Khalid, says law expert


BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
Published: 14 August 2014
Pakatan Rakyat can make representation to the sultan of Selangor (right) that it has a clear majority in the assembly to replace Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim. – The Malaysian Insider pic by Afif Abd Halim, August 14, 2014. 
Pakatan Rakyat can make representation to the sultan of Selangor (right) that it has a clear majority in the assembly to replace Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim. – The Malaysian Insider pic by Afif Abd Halim, August 14, 2014.
Pakatan Rakyat can make representation to the sultan of Selangor now that the coalition has shown that 30 assemblymen are backing Dr Wan Azizah Wan Ismail as the next Selangor menteri besar, said a law professor today.
Professor Gurdial Singh Nijar of Universiti Malaya said a 2010 Federal Court ruling has provided a precedent whereby there was no need to have a vote of no-confidence in the state assembly.
He said this loss of confidence could be established by other extraneous sources “provided they are properly established”.
"This includes representations made by members of the assembly that the MB no longer enjoys the support of the majority."

Gurdial said if such representations gave PR a clear majority in the assembly, then, the court ruling stated this “clearly pointed to the loss of confidence of the majority of members of the legislative assembly in the leadership of the menteri besar or chief minister”.

He said it was then incumbent upon the MB and his executive council to tender their resignation to the ruler.

"If the MB refuses, the exco members are deemed to have vacated their respective offices.”

He said this in response to Kajang assemblyman Datuk Dr Wan Azizah Wan Ismail who showed proof earlier today that 30 elected representatives were supportive of her replacing Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim.

The Selangor assembly has 56 members – DAP (15), PAS (15), PKR (13) Barisan Nasional (12) – and Khalid as an independent, after his sacking from PKR on Saturday.

Two PAS assemblymen today showed their support for Dr Wan Azizah as Khalid’s replacement, while the positions of 13 others were unknown.

Gurdial said the sultan had no discretion but to act according to the judgment of the Federal Court, and direct Khalid to tender the resignation of the exco.

"Any refusal will go against the express mandatory provision of the state constitution," he said

Gurdial said Article 53(6) of the Selangor constitution was identical to the provision in the Perak Constitution.

He said Khalid could not continue to govern after having lost the support of the majority, as it would lead to political uncertainty.

"To allow him to do so would be going against the basic principle of democracy.
"The Sultan will then appoint as the MB the person nominated by the majority." – August 14, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/pakatan-can-show-sultan-it-has-the-numbers-to-replace-khalid-says-law-exper#sthash.CQZJv4Li.dpuf

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