Thursday, February 05, 2009

INTERPRETATION OF THE LAW - RESIGNATION OF MENTRI BESAR OF PERAK


Extracts from both Constitutions - Perak State and Federal Constitution reads as follows:

Perak State Constitution: Artikel XVI(6): “If the Mentri Besar ceases to command the confidence of the majority 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”.

Compare with the Federal Constitution:

Federal Constitution: Article 43 (4): “If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.”

Looking at both, the position of Prime Minister could be done by the Yang DiPertuan Agong without convening a Dewan Rakyat but by representation that commands the majority at his official residence.

But in the case of Perak, a vote of no confidence on the Mentri Besar at a State Legislative Assembly sitting and NOT by the Sultan.

It seems that our Learned Sultan has erred in law and it would be a GREAT SHAME to the people who he serves if such injustice is not corrected before more disastrous damage is caused.

Since the legitimate Mentri Besar has requested for the DISSOLUTION OF THE STATE LEGISLATIVE ASSEMBLY, the granting and proclamation of this dissolution would be lawful.

The PERAK PEOPLE and voters have a right to elect a new group of lawmakers to administer them.

4 comments:

Nesh's Bru said...

This clearly shows that the palace officials are not in the best interest of the people of Perak. Their lack of knowledge in law and bias to BN somewhat made sultan an unfavourable decision. BN or UMNO is utmost disgusting party in Malaysia! The 13th GE will be a total disaster for BN if they still keep on with this dirty tactics

Hostage said...

It is all about money and projects awarded to Raja E, the lawyer and dotter of Sul Tan AhLan.

All it takes is a call by NTR and from there Raja E call Sul Tan AhLan and presto, NTR and Beend topple the goman.

Malaysia Boleh and is really corruot to its core.

Take your money and run.

red1 said...

The 2 options stated in the constution is so daylight clear:

1) Dissolve

OR

2) Resign

Not sacked

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