High Court ruling on Nizar, 11th May 2009

Nizar is the rightful Perak MB

KUALA LUMPUR, May 11 (Bernama) -- Datuk Seri Mohammad Nizar Jamaluddin was declared the rightful Perak Menteri Besar by the High Court here Monday.

With the decision, the question of who is the rightful Menteri Besar -- Nizar or Datuk Seri Dr Zambry Abdul Kadir -- which has plunged the state into political turmoil for more than 100 days, was finally answered.

High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim ruled that Nizar did not vacate the office of Menteri Besar as he had not lost the majority confidence of the state legislative assembly.

In this case, said Abdul Aziz, there was no vote of no confidence issued against Nizar.

"How can one say that the applicant (Nizar) had lost his majority confidence under Article 16(6) of the Perak Constitution?"

"Based on the democratic practice, the issue of the loss of majority confidence should only be taken by a vote of no confidence against the applicant (Nizar), only by this manner can a Menteri Besar be removed," Abdul Aziz, said in his written judgment which was delivered at 2.30pm.

On Feb 13, Nizar, 52, filed an application to the court for a declaration that he is at all material times the rightful Menteri Besar of Perak.

Nizar, who was appointed Menteri Besar on March 17 last year after the opposition alliance won 31 seats at the 12th general elections, also sought a declaration that Zambry has no right to hold the office of Menteri Besar.

Abdul Aziz, in his judgment, said that a Menteri Besar could not be dismissed by the Sultan of Perak for the reason that he did not hold the office at the sultan's pleasure.

The dismissal of the Menteri Besar by the Sultan of Perak was never contemplated by Article 16(6) of the Perak Constitution, he added.

BN will appeal against Nizar's Court Ruling

Barisan Nasional will appeal against the Kuala Lumpur High Court's decision that Datuk Mohammad Nizar Jamaluddin is the rightful Perak menteri besar, probably by tomorrow, said Datuk Seri Najib Tun Razak today.

"We feel we have a strong case," he told reporters after meeting Pemudah, the Special Task Force to Facilitate Business, at his office, here.

Asked what happens in Perak between now and pending the appeal, Najib said: "We must have a date (to appeal), probably tomorrow,".

He called on the people in that state to remain calm and not get too excited with the latest development.

Najib was asked to comment on the Kuala Lumpur High Court decision today declaring that BN's Datuk Zambry Abd Kadir was not the legitimate menteri besar of Perak.
Asked whether the Perak state assembly should be dissolved to pave way for a fresh poll in the state following the latest development, Najib said it was the purview of the Sultan of Perak (to dissolve the state assembly).

Asked whether he would be meeting Sultan of Perak soon, the prime minister said he had no problem meeting the sultan.

In today's rulling, the High Court also rejected the application for a stay of proceedings pending an appeal and ordered Dr Zambry and his exco members to vacate the office as soon as possible. - BERNAMA

It's a victory for the people - Nizar

KUALA LUMPUR: Datuk Seri Mohammad Nizar Jamaluddin has described the High Court ruling, that he is the rightful Perak Menteri Besar, as a "victory for the people of Perak and those who love democracy."

A jubilant Mohammad Nizar said he would rush back to Ipoh to seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent for the dissolution of the state legislative assembly as soon as possible.

On the judgment by Justice Datuk Abdul Aziz Abd Rahman, Mohammad Nizar said it was a historic decision and one that would be remembered "for years and years to come."

"Its positive impact in revitalising parliamentary democracy and constitutional monarchy is tremendous," Mohammad Nizar said.

He said that it had been a painful four months for him and that he felt relieved that issue was finally over, even though the respondents would be appealing against the decision. Bernama

My view:

A rough road ahead and horizon not as clear

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