A storm is brewing in the Kelantan royal household with Tengku Muhammad Fakhry Petra challenging the validity of his elder brother Tengku Faris’ action in removing him from the Council of Succession.

NONEThis follows a letter of termination which Tengku Fakhry, the youngest of three brothers, received from the Kelantan state secretary on Sept 16.

He was told that the termination was ordered by the regent Tengku Faris.

Tengku Fakhry (right) - fresh from victory in the Kelantan Syariah High Court which compelled his estranged wife Manohara Odelia Pinot to return to him and pay back RM1 million - had named the acting ruler and seven others as respondents.

Also named were the state secretary, state mufti, the Kelantan government and four other members of the royal household. The state secretary is also secretary to the council.

Tengku Fakhry, who is also the Tengku Temenggong and third in line in the throne, claimed that his appointment to the council was valid as he was appointed by his father.

NONEHe argued that Tengku Faris’ (left) claim to be the heir could be challenged as the Council of Succession has the right to determine the next ruler.

Senior federal counsel Azizah Nawawi is challenging the application as the regent's action cannot be tried in court.

"We urge this court to refuse this application for leave on the basis that the prerogative of the Regent under Article 5 of the Constitution of Kelantan on the matter of appointment and revocation of members of the council is not justiciable," said Azizah.

Under Article 5 of the Kelantan Constitution, the council is responsible to confirm the succession to the throne and to determine whether there is a vacancy on the throne by reason of absence of the sultan from the state for more than a year.

The Sultan of Kelantan Sultan Ismail Petra, 60, is incapacitated and has been in Singapore since May to receive treatment. He has named Tengku Faris as the regent.

The sultan has four children - three princes and a princess.

Regent abused his powers

Tengku Fakhry filed the application for the judicial review on Dec 1 to challenge the regent's decision to dismiss him on Sept 16. He is seeking the court to restore him as a member of the succession council.

Tengku Fakhry, who is represented by lawyer K Shanmuga, had argued that the dismissal was an usurpation of his brother's power and hence, it was reviewable by this court.

Shanmuga submitted that the revocation of appointments to the council was in violation of Article 7 of the Kelantan constitution and that the regent had acted beyond his powers and discretion.

"The powers must be exercised personally by the sultan," he said.
He also claimed the regent had breached the rules of natural justice.

He argued that the regent had lesser authority since he was not appointed by the sultan himself, but by the succession council in 2001 when the sultan was incapacitated.

According to Shanmuga, the regent was not empowered to exercise the functions of the sultan in removing Tengku Muhammad Fakhry from the council, and that by doing so, there had been an usurpation of authority or power by the regent.

"As such, allowing the regent to alter the composition of the council and to alter appointments made by the sultan allows the regent to create the tribunal that is to be his 'judge', as it were, in determining his fitness to succeed to the throne," he said.

"The regent is the first line to succeed to the throne of Kelantan but his succession is not automatic.

"If he is not confirmed, his younger brother Tengku Bendahara as the second heir is entitled, and if that is not done so, then the applicant, Tengku Temenggong, is next in line to succeed."

Justice Mohamad Ariff Md Yusof fixed Dec 31 to deliver his decision.

The battle for succession is not confined to the two princes.

Another member of the Kelantan royalty, Tengku Iskandar Tengku Ahmad, 68, had unsuccessfully sought a number of times to claim the throne.

Additional reporting by Bernama