Nizar is the Rightful Menteri Besar of Perak

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.
Abdul Aziz said that although the Sultan of Perak had the prerogative power in a Menteri Besar's appointment, a Menteri Besar, once appointed, was only answerable to the members elected in the state legislative assembly, and no one else.

 

Barisan Nasional will appeal the High Court ruling on Monday that declared Datuk Seri Mohammad Nizar Jamaluddin as the rightful Perak Mentri Besar, and not Datuk Seri Dr Zambry Abdul Kadir.

The appeal would be filed on Tuesday, Prime Minister Datuk Seri Najib Tun Razak said.

In the meantime, he urged the people of Perak to remain calm while "the situation is resolved."

Pakatan Rakyat is however adamant that there is no "situation."

“This is a great day for the rakyat (people) because the Law and the Constitution are the true winners,” Nizar said in a statement.

“It is a historic day for all who love democracy and it will be remembered for years and years to come. Its positive effects for revitalising parliamentary democracy and constitutional monarchy is tremendous,” he said.

He said that everyone from both sides of the political divide would benefit from this ruling “because an independent judiciary is absolutely essential for the well-being of any country and its people.”

Nizar said that all previous decisions made by the Dr Zambry administration would be subject to review but not invalidated except for the tumultous May 7 sitting.

He also suspended the state legal adviser with immediate effect.

 

(Sources : Bernama Online and Star Online)