Showdown at the Ipoh High Court
By Baradan Kuppusamy, The Malaysian Insider
Desperate times call for desperate measures as the ongoing crisis in Perak shows.
With just 24 hours to go before an emergency session of the Perak state assembly, the Barisan Nasional (BN) has gone on overdrive to forestall being brought down.
If the assembly convenes it is likely to vote down the Datuk Dr Zambry Kadir administration and dissolve the assembly for a fresh election to end the political stalemate.
But holding fresh elections amid the ugly public mood could be a recipe for disaster and therefore the BN has counter-attacked in the final lap after vacillating for several weeks.
Several actions are underway today to stop the assembly; lift the suspensions of the BN executive council; and possibly also suspend the Speaker V. Sivakumar.
If the assembly convenes on Tuesday and without the participation of the seven suspended BN men and the three defectors, the numbers would be in favour of Pakatan Rakyat.
With the numbers behind them, they hope to table and carry two motions — one affirming Datuk Seri Nizar Jamalludin as the rightful Mentri Besar and at the same time pass a vote of no confidence against Dr Zambry and second, dissolve the assembly for a fresh election.
To scuttle the PR plans, BN is trying to refer Sivakumar to the Rights and Privileges Committee of the assembly for allegedly violating a sworn oath to honour and be loyal to the Sultan.
Sivakumar is accused of violating the oath by suspending the executive council who were sworn-in by the Sultan.
A summons was given to Sivakumar today by a BN representative to appear before the committee.
In addition to seeking to suspend Sivakumar, BN is applying for a declaration in the Ipoh High Court that the suspensions are invalid, arbitrary, mala fide and motivated by political self interest.
BN lawyers will argue that the suspension was against the provisions of the State constitution, is against the will of the people and all the rules of natural justice was not followed when suspending the seven.
Besides they say the committee only has powers to inquire and recommend actions and it was for the state assembly to decide on the recommendations.
“Thus the powers of the assembly were arbitrarily usurped by the Speaker for selfish political interest,” said a BN lawyer involved in the case.
If the ex-parte injunction is granted, lifting the suspension of the executive council and the three defectors, they can attend the emergency assembly and out-vote the PR motions and at the same time show they enjoy a majority.
However according to a senior PR lawyer who declined to be named, the Speaker had always acted in accordance with the powers vested in his office and that PR is prepared to challenge the BN in any court including fighting the BN initiated actions today.
He said whatever the case, the assembly will convene Tuesday as scheduled and all the proper procedures have been followed to convene the assembly despite a boycott by the state secretariat personnel.
He also said under the law the house must convene in the State Secretariat building and nowhere else.
“We considered convening elsewhere outside the State Secretariat building but we have now abandoned that idea,” he said.
“We will go to the State Secretariat building tomorrow and see whether the gate is open for us or shut,” he said.
“We have a solution if the gate is shut,” he said declining to comment further.
