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Malaysia

For at least 19 hours, Nizar is still Perak MB

KUALA LUMPUR, May 11 – For at least 19 hours, Datuk Seri Nizar Jamaluddin is the legitimate Mentri Besar of Perak.

High Court judge Datuk Abdul Aziz Abdul Rahim today ruled that that the only way to force the MB to resign is through a vote of no-confidence in the state assembly.

He rejected a plea for a stay of execution from lawyers for Datuk Zambry Abdul Kadir, the Barisan Nasional politician who was installed as the chief executive of the state by the Sultan of Perak, Sultan Azlan Shah.

Zambry’s lawyers are expected to make a beeline for the Court of Appeal tomorrow morning to obtain a stay of execution of the High Court ruling – a ruling which has added another chapter to the story of the power grab which began with the defection of three Pakatan Rakyat lawmakers in February.

But till then, Nizar is the MB of Perak.

Tommy Thomas, an expert in constitutional law, told The Malaysian Insider: “Upon the pen being put down by the judge and by the fact there was no stay of execution, Nizar is the MB of Perak.’’

Nizar said today that he will seek an audience with the Sultan to ask that the state assembly be dissolved and for fresh state elections to be called.

The Malaysian Insider has learnt that BN is considering calling an emergency assembly sitting to force Nizar’s resignation through a vote of no-confidence.

BN has a three-seat majority in the assembly.


Comments (17)
written by ThrowShoes, May 12, 2009
Be cautious !!! UMNO still hv full control over the judiciary with ex-UMNO lawyer Zaki Azmi as the CJ !!!

Read Najis words “Don’t get overexcited, We will solve the problem.”
UMNO CJ Zaki Azmi shall honour his duty to UMNO & turn the table around at Federal Supreme Court ruling !!!

It will be a real test for Malaysian Judiciary if UMNO BN challenge the High Court ruling.

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[BN snatch RM12 billion over PKFZ]
written by Robert, May 12, 2009
BN has no way of calling an emergency sitting. The previous sitting was illegal since Zambry was not the lawful MB as decided today by the high court. The state secretary should be terminated immediately for disobeying the legit speaker of Perak and the legit MB of Perak. All officers that forcibly removed Siva should be in contempt of the assembly and be punished.

I hope this episode teach all people to obey the laws and you just never know what you do will come back to haunt you!
written by anak perak , May 12, 2009
Firstly, how is the BN going to convene the emergency sitting of the State Assembly since the BN argued previously that every sitting of the assembly requires the consent of the Sultan. Since Nizar is the MB he is not going to advise the Sultan to consent to the emergency sitting of the assembly. Secondly, the assembly was adjourned sine die by the rogue speaker R. Ganesan at the sitting last Thursday. In order to convene the emergency sitting, the consent of the Sultan will be required, and Nizar is not going to advise the Sultan to give his consent. Thirdly, since Nizar is now still the lawful MB of Perak, all acts of the usurper Zambry since his alleged taking office is null and void including his decision to advise the Sultan to convene the session of the state assembly on 7 May; the meeting itself is also null and void since it was convened ultra-vires the Perak Constitution; the purported removal of the lawful Speaker V. Sivakumar and his replacement by R. Ganesan is also null and void since the motions that were supposedly tabled on 7 May by Zambry were in his capacity as MB as confirmed by the so-called senior exco member Hamidah (alias the racist) when she argued that Zambry as the MB can move an emergency motion without notice to remove the speaker. Therefore, V. Sivakumar is still the Speaker and he can refuse any request by the BN for an emergency sitting of the assembly or prevent the same. But then again the BN is a law unto itself with the connivance of the police and the civil service.

The Court of Appeal should refuse the stay sought by Zambry because it is highly prejudicial to Nizar as the lawful MB and if the stay is granted Zambry may proceed to remove Nizar through a vote of no-confidence in the state assembly thereby rendering Zambry's appeal academic because he gets to remain as MB despite the High Court order. This would seriously undermine Nizar's position since he cannot be restored to the status quo (i.e at today's date as MB) if Zambry's appeal is later dismissed by the Court of Appeal. Further, a stay would mean that Zambry continues to unlawfully exercise the office of MB to the detriment of the interests of the state and its people. Therefore, the administration of the state should be left with Nizar as the lawful MB since March 2008. Zambry does not have any special circumstances to warrant a stay of the High Court order.
written by MD, May 12, 2009
It is only fair to the people if BN call for a by election not calling an emergency assembly sitting to force Nizar’s resignation through a vote of no-confidence. You may or may not succeed but if you do it, you will lose the trust and confidence of the people. The people will seen it as unfair.
The whole episode were caused by the 3 frogs which have already lose the support of their constituency. By having these 3 frogs to vote it doesn't fair to the people.
We believed it can only solve the problem with a by election and not "force" to grasp power. Who ever it doesn't matter, the government is chosen the the people.


BN has a three-seat majority in the assembly.
written by HotButton, May 11, 2009
Here it is! Nizar revived!This is another victory of RAKYAT! Dissolve the state assembly, go back to RAKYAT! Let peoples to decide!
written by Rocky Raccoon, May 11, 2009
Nizar, I respect you. The people of Peraak is behind you.Finally the stage is set to pave way for fresh state election. This is indeed what the people wanted.Let the people piss on the three frogs especially the idiotic looking hee. Let shame be brought to the stupid racist bn by wiping them out in Perak!
written by PM, May 11, 2009
Like any right-minded rakyat, the High Court judge has make the right and correct judgement. I can only hope and pray that he will not be penalised for dispensing fair justice.
written by akee, May 11, 2009
your the man! been fighting so hard (ever since) for it. God Bless You & your family.
written by tony oon, May 11, 2009
nizar perakian can see some light at the end of the tunnel
continue your good work and project your goodself and exco team
a good and clean team. well done and congrats
written by ckeong, May 11, 2009
now PR and BN is racing with time !!

sure BN will immediately call for DUN assembly to pass for non-confidence vote with their qustionable speaker ganesan on their side.

PR must act fast,

1. immediately inform sultan the outcome and request for dissolve of the DUN, no need wait for sultan to come back from US to seek an audience, just fax, email, phone, or whatever before sultan coming back to stop any dirty trick between this time, timing is very crucial now.

2. immediately ask police to stop illegal BN zambry government to enter any state properties, or using any state facilities, and fire the state scretary.

3. immediately sue hee yit foong and ganesan for acting illegally as speaker on 7 may, this will stop BN from calling ermegency DUN assembly to pass non-condifence motion. and sivakumar still the legal speaker.

4. immediately ask court to stop questionable ganesan and hee yit foong from calling any DUN assembly as sivakumar still the legal speaker.

5. issue official order for all state lawyer, police, state servant from entertaining illegal mentri besar zambry, and BN government.

6. immediately go to court to declare may 7 assembly that before the opening speach of raja, all motion passed was illegal !!

najid, zambry, nizar, should wait for sultan decision to dissolve the DUN or not before acting any more illegal or calling any illegal assembly which will cause more harm to perakians.







written by azhar, May 11, 2009
Congratulations to High Court Judge Datuk Abdul Aziz Abdul Rahim for ruling without fear or favour. The ruling gives us fresh hope that the judiciary will be fair,just and impartial. We need more men of character and integrity like Datuk Aziz.

Given the sequence of orchestrated events in Perak, the ruling is a surprising development. Does this mean that the judiciary is truly independent especially of the legislative? Do we dare hope that such there are also such judges like Datuk Aziz in the Court Of Appeal and Federal Court?

Peace and blessings on Datuk Aziz.
written by hopeless, May 11, 2009
If BN continue to play the dirty games on Perak State issue, it will become a big joke in intenational . And our PM behaviour is going to be judged accordingly . Watch up ... BN ... any mistake you continue to make will lead u to no u-turn ... Good Luck ...
written by perak4win, May 11, 2009
Nizar is our hope! PR is our new hope for Malaysia!
written by ihavename, May 11, 2009
Speaker V.Sivakumar had declared beforehand that the 3 seats already vacant and there should be by-election for those seats.Then again,this matter will be brought to High Court.
Hahahahaha
written by Anak Jati Perak, May 11, 2009
Good job high court! There is hope in Malaysia that justice will be served. Good luck Nizar. Zombie haram, get lost from Perak.
...
written by ..., May 11, 2009
By who? BN speaker? That 1 also is not legal.

The only legal MB n Speaker is still with PR!!!
God can see and God will decide
written by Margaux, May 11, 2009
If Nizar is the rightful MB, how can BN call for no confidence vote? Whatever action on 7 May is illegal and Sivakumar is still the Speaker.
Zambry has always said to leave it to the Court, thinking he will win. Is he going to honour his words?
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