Selangor government still intact until Khalid is removed as MB, says retired judge
V. Anbalagan, The Malaysian Insider
The Selangor government is still intact as Menteri Besar Tan Sri Abdul Khalid Ibrahim and his executive council have not been dismissed by the Sultan of Selangor, a retired Federal Court judge said today.
Datuk Seri Gopal Sri Ram said Khalid Ibrahim was still in office until it was proven that he had lost the confidence of the assemblymen in the Selangor legislative assembly.
He said Khalid, who is Port Klang assemblyman, was appointed under the state constitution by the ruler.
“He could not cease to be MB just because he has lost his party membership in PKR,” he said in response to confusion over whether there existed a state government following the expulsion of Khalid from his party.
He said Khalid could go to the state assembly to test whether he commands the confidence of the majority in the house.
Alternatively, PR could send a letter to the palace to show that the majority of the assemblymen in Selangor supported another candidate to be appointed as MB.
“PR must also convey to the ruler that they no longer support Khalid,” he said, adding that the coalition must act on the proposition of law established by the judgment of Chief Justice Tun Arifin Zakaria in the 2010 Perak case.
Sri Ram said once the Sultan is satisfied that the MB has lost the support of the majority, he may dismiss him and the executive council pursuant to the Federal Court ruling.
Sri Ram said the 2010 court ruling had stated that a loss of support could be determined in many ways, one of which is making a representation to the ruler.
The judge, who has handled numerous constitutional cases, said there was a difference between loss of support and loss of confidence.
“Loss of confidence in Khalid may only be tested on the floor of the house,” he said.
However, loss of support may be determined outside the house.
“That is the effect of the Federal Court ruling,” he told The Malaysian Insider.
