Selangor still at risk of snap polls, say constitutional lawyers

By admin-s On Aug 20, 2014

(TMI) – The menteri besar crisis in Selangor is far from over as the Sultan of Selangor can still dissolve the state legislative assembly for snap polls on the advice of incumbent Tan Sri Abdul Khalid Ibrahim, say legal experts.

PKR president Datuk Seri Dr Wan Azizah Wan Ismail, who received the majority support of the house, has been named by the Pakatan Rakyat (PR) presidential council last Sunday to replace Khalid as MB.

Lawyer Abdul Shukor Ahmad said the 2010 Federal Court ruling in the Nizar vs Zambry case in the Perak constitutional crisis, gave a state ruler the option of ordering the MB to tender his resignation if proven that he (MB) had lost the support of his assemblymen.

Alternatively, he said the ruler could convene an emergency session and direct the MB to test his support in the house.

“If the MB loses the confidence vote, he tenders his resignation. The ruler could also dissolve the house if His Royal Highness accepts the MB’s advice,” Shukor told The Malaysian Insider.

Shukor said the sultan could pave the way for fresh polls because PR is not a registered coalition, unlike the Barisan Nasional (BN,) or he could also accept Khalid’s resignation and appoint another lawmaker to run the state.

Speculation has been rife that the sultan might not consent to Dr Wan Azizah helming the state.

It was also reported that PAS’s decision to suggest that two names be presented as Selangor MB candidate was made after party president Datuk Seri Abdul Hadi Awang had an audience with the sultan.

PAS Youth chief Suhaizan Kaiat had said this was to avoid “any eventualities” which could see the palace reject PKR’s sole candidate Dr Wan Azizah.

“The president has a good relationship with the Selangor palace. As a result of the audience, the president decided that an alternative name should be presented in anticipation of any eventualities involving the palace and Wan Azizah,” Suhaizan had said in a statement yesterday.

He said this in response to the PR decision to only submit the name of Dr Wan Azizah, who is the Kajang assemblywoman, as the new state MB.

The PAS central working committee had earlier in the day proposed the names of Dr Wan Azizah and Bukit Antarabangsa representative Azmin Ali for the position.

But, Azmin, who is also PKR deputy president, declined the nomination.

Shukor also said there was a significant meaning when PAS proposed two names for the position.

“Minus the law and convention, PKR and DAP should be sensitive and respectful of the Malay culture. You do not try to force something down someone’s throat,” he said in response to PAS’s suggestion to submit two names to the Sultan.

Shukor said Azmin was equally capable of becoming the chief executive of the state.

“We need a strong personality to steer the state to greater heights, deliver all the election promises and protect the rights of the state.