March 6, 2009 By M. MAGESWARI
KUALA LUMPUR: The High Court today referred to the Federal Court a bid by former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to challenge the legitimacy of his successor’s appointment.
Pix courtesy of Malaysiakini
Justice Lau Bee Lan ruled that there are matters for interpretation of Article 16(6) of the Perak Constitution that states:
“If the Mentri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.”
The judge stayed the leave proceedings for judicial review pending the determination by the Federal Court over constitutional issues.
On Feb 25, Judicial Commissioner Mohamad Ariff Md Yusof had recused himself from hearing the suit because prior to his appointment as judicial commissioner, he had represented PAS, PKR and even the Barisan Nasional.
Nizar had filed the suit on Feb 13, challenging the legitimacy of the appointment of Datuk Dr Zambry Abd Kadir as Perak mentri besar.