Selangor risks snap polls if Khalid ousted, say lawyers

By admin-s On Jul 23, 2014

(TMI) – A snap election is possible in Selangor if Menteri Besar Tan Sri Abdul Khalid Ibrahim is defeated in a no-confidence vote in the state legislative assembly for defying his party’s move to replace him, say constitutional lawyers.

They said the Sultan of Selangor, Sultan Sharafuddin Idris Shah, could use his royal prerogative if Khalid made a request to the ruler to dissolve the assembly based on provisions in the state constitution and legal precedence.

Lawyers are mulling the various scenarios following Khalid’s defiance of PKR’s decision to replace him with party president Datuk Seri Dr Wan Azizah Wan Ismail.

Constitutional lawyer Dr Abdul Aziz Bari said assemblymen in Selangor could attest statutory declarations to show that they no longer supported Khalid.

“A representation could be made to the ruler to show the level of confidence if many were not with Khalid,” he told The Malaysian Insider.

In such a scenario, Aziz said the ruler could invite another assemblymen recommended by PR to replace Khalid.

In the alternative, the lawyer said a vote of no-confidence has to be taken against Khalid and if defeated, he has to tender his resignation.

“In the light of certain constitutional principle, the ruler has to appoint a new menteri besar once it is determined that Khalid has been defeated decisively.”

Aziz said a vote of no-confidence was taken against Selangor menteri besar Datuk Harun Idris in 1975 and Datuk Muhamed Nasir (the PAS menteri besar of Kelantan) in 1978.

The confidence vote could be a possibility as Khalid said yesterday he stood by the state constitution which has mapped out special conducts and processes to replace a state leader.

“Until all the processes are completed, I will continue to do my job as the menteri besar with responsibility as requested by the Selangor people,” he had said.