King can use 2010 apex court ruling to ask PM to resign, says lawyer
In 2009, the Sultan asked the then Perak menteri besar Mohammad Nizar Jamaluddin to resign after losing the majority in the state assembly.
PETALING JAYA: The Yang di Pertuan Agong can direct Prime Minister Muhyiddin Yassin and his Cabinet to tender their resignation in accordance with a legal principle established by the Federal Court in 2010, a lawyer said.
Firoz Hussein Ahmad Jamaluddin said failure to do so would mean they are deemed to have vacated their offices automatically.
He said the King could then determine whether any other MP commands the confidence of the majority among the MPs and form a new government.
“Alternatively, the King can dissolve Parliament and form a caretaker government pending the holding of a general election,” he told FMT.
Firoz was referring to the dismissal of Mohammad Nizar Jamaluddin as menteri besar of Perak in February 2009 after the Sultan came to the conclusion that he had lost majority support, based on extraneous factors.
Nizar was appointed menteri besar in March 2008 when the then Pakatan Rakyat (PR) won 31 seats while Barisan Nasional (BN) secured 29.
In early February the following year, three PR assemblymen defected to BN and Nizar requested the dissolution of the legislature but this was refused by the Ruler.
The Ruler later interviewed all 59 assemblymen and received letters and statutory declarations (SDs) to conclude that Nizar no longer enjoyed the support of the majority to remain in his position.
The Sultan then appointed BN’s Zambry Abdul Kadir as the new menteri besar.
“The court ruled it was mandatory for Nizar or a political executive of a state to vacate his post and that of his executive council/Cabinet when directed by the Ruler.
“To allow him to remain in office will be going against the basic principle of democracy,” said Firoz, who was in the legal team that represented Zambry.
In a televised address yesterday, Muhyiddin admitted that his legitimacy was under question as several MPs had retracted their support for him.
It is believed about 100 MPs remain with the prime minister while 120 are against him.
Muhyiddin said he had a choice of resigning or requesting the King to dissolve the Dewan Rakyat.
“However, at the current moment, none of the MPs can prove they enjoy majority support for the King to appoint a prime minister,” he said.
PETALING JAYA: The Yang di Pertuan Agong can direct Prime Minister Muhyiddin Yassin and his Cabinet to tender their resignation in accordance with a legal principle established by the Federal Court in 2010, a lawyer said.
Firoz Hussein Ahmad Jamaluddin said failure to do so would mean they are deemed to have vacated their offices automatically.
He said the King could then determine whether any other MP commands the confidence of the majority among the MPs and form a new government.
“Alternatively, the King can dissolve Parliament and form a caretaker government pending the holding of a general election,” he told FMT.
Firoz was referring to the dismissal of Mohammad Nizar Jamaluddin as menteri besar of Perak in February 2009 after the Sultan came to the conclusion that he had lost majority support, based on extraneous factors.
Nizar was appointed menteri besar in March 2008 when the then Pakatan Rakyat (PR) won 31 seats while Barisan Nasional (BN) secured 29.
In early February the following year, three PR assemblymen defected to BN and Nizar requested the dissolution of the legislature but this was refused by the Ruler.
The Ruler later interviewed all 59 assemblymen and received letters and statutory declarations (SDs) to conclude that Nizar no longer enjoyed the support of the majority to remain in his position.
The Sultan then appointed BN’s Zambry Abdul Kadir as the new menteri besar.
“The court ruled it was mandatory for Nizar or a political executive of a state to vacate his post and that of his executive council/Cabinet when directed by the Ruler.
“To allow him to remain in office will be going against the basic principle of democracy,” said Firoz, who was in the legal team that represented Zambry.
In a televised address yesterday, Muhyiddin admitted that his legitimacy was under question as several MPs had retracted their support for him.
It is believed about 100 MPs remain with the prime minister while 120 are against him.
Muhyiddin said he had a choice of resigning or requesting the King to dissolve the Dewan Rakyat.
“However, at the current moment, none of the MPs can prove they enjoy majority support for the King to appoint a prime minister,” he said.
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