Khalid remains MB despite party sacking, say lawyers
V. Anbalagan, The Malaysian Insider
Tan Sri Abdul Khalid Ibrahim now has the singular honour of being Selangor menteri besar as an independent after being sacked by his party, lawyers said today, adding that he could legally remain as head of government as it is a constitutional appointment.
Lawyer Ragunath Kesavan said Khalid’s sacking by PKR only meant that he no longer had the moral standing to remain as menteri besar for the Pakatan Rakyat (PR) coalition.
“The honourable way for him is to resign because the expulsion meant that his own party had lost confidence in him,” he told The Malaysian Insider.
Ragunath said Khalid’s option was limited because he could not take his case to the court as the Societies Act barred party disputes to be adjudicated outside the party.
Lawyer Syahredzan Johan said Khalid’s position was still intact as his fate could only be decided by the 55 assemblymen from PR and Barisan Nasional (BN).
PAS and DAP has 15 assemblymen each while PKR now has 13 after sacking Khalid and BN has 12.
“Khalid can only be ousted if he lost the confidence of the majority of the assemblymen,” he said.
Syahredzan also said Khalid could remain in office if he survived a no-confidence vote.
“In fact, he could reappoint executive councillors from among those who supported him in the confidence vote,” he added.
According to constitutional experts, a vote of no-confidence against Khalid could be taken in the house or the ruler could take into account extraneous factor in determining if the incumbent MB no longer enjoyed the support of the assemblymen.
On the advice of the outgoing MB, the sultan could dissolve the house or invite another candidate who in his judgment commands the majority in the house to be appointed MB.
Lawyer Amer Hamzah Arshad also said nothing had changed following Khalid’s sacking as the menteri besar was still a member of the assembly by virtue of him being the Port Klang assemblyman.
“He also remains MB and his executive council is intact because Khalid has not tendered his resignation to the sultan.”
