Thursday, July 9, 2009

MB vs MB: Nizar granted leave to appeal - Star

Jul 9, 2009

PUTRAJAYA: The Federal Court has granted Datuk Seri Mohammad Nizar Jamaluddin leave to appeal the Court of Appeal’s May 22 ruling that Datuk Dr Zambry Abdul Kadir was the rightful mentri besar of Perak.

However, the court rejected Nizar’s application for a stay of execution on the appellate court’s decision, which means Zambry will continue to act as the chief executive of the state.

In a suit filed on Feb 13, Nizar, a PAS member, challenged the legitimacy of Dr Zambry and the new state government.

On May 11, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim granted a declaratory relief to Nizar that he is still and was the mentri besar at all material times.

However, following an appeal by Dr Zambry, the Court of Appeal’s three-man panel on May 22 unanimously declared Dr Zambry the rightful Perak mentri besar.

Nizar filed the application to appeal against the Court of Appeal’s decision on June 19, asking for a full bench -- the maximum 11-judge panel -- to hear his application.

However, it was a five-man panel that heard the application on Thursday

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