'No assembly meeting needed to replace Khalid'
Published: Aug 14, 2014 5:45 PM | Updated: Aug 15, 2014 12:56 AM
A state assembly meeting is not needed to be held as long as Pakatan Rakyat can provide clear evidence that it has the majority in the Selangor government.
A state assembly meeting is not needed to be held as long as Pakatan Rakyat can provide clear evidence that it has the majority in the Selangor government.
Universiti Malaya law lecturer Gurdial Singh Nijar said that the statutory declarations will be sufficient.
“It may be supplemented, if necessary, with a meeting by the sultan with the state assemblypersons,” he said.
As such, Selangor Menteri Besar Abdul Khalid Ibrahim must resign if the majority is established, said Gurdial.
He added if Khalid (left) does not resign, the federal court decision states that the post of menteri besar and his executive council (exco) are vacated automatically.
“This implies that the menteri besar and his exco are dismissed,” he said.
PKR president Wan Azizah Wan Ismail earlier today declared that she has the support of 30 assemblypersons in the 56-member assembly.
Other than the 28 PKR and DAP reps, PAS reps Hasnul Baharuddin and Saari Sungib also expressed their support for Wan Azizah as menteri besar today.
Meanwhile, Gurdial added that statutory declarations were more than sufficient as proof.
"They are routinely used in court proceedings and other official matters as proof.
"As signing a statutory declaration is governed by the Statutory Declarations Act, if anything is falsely stated, the person can be charged and imprisoned or fined."
'Resign or face sack'
On the other hand, constitutional expert Abdul Aziz Bari said that Khalid should resign from his post as failure to do so will lead to him being sacked by the sultan.
The academician said that according to the state constitution, the palace is under the duty to appoint Wan Azizah since she has the majority.
"With that, I think the game is over for Khalid. The constitution says he must resign, failing which the sultan may sack him.
Pointing out that the state’s regent (Tengku Amir Shah) has been appointed to carry out the sultan’s (Sharafuddin Idris Shah) duty since the latter is abroad, as such, Abdul Aziz (right) said Wan Azizah’s appointment cannot be delayed just because the sultan was away.
"Appointment of government must be done as soon as possible to prevent the state from slipping deeper into the crisis," he said.
He added that another option was for someone with enough standing to go to court to apply for a mandamus (writ of mandate).
"This is an order to compel an authority to do its legal duty; in this case, to compel Khalid to resign as he has lost the confidence of the House," he said.
Selangor crisis today
11.17am: Two PAS assemblypersons pledge support for Dr Wan Azizah Wan Ismail as MB, giving her majority support of the House.
12:42pm: PKR exco member Rodziah resigns.
12.58pm: Exco member confirms that PKR, DAP S'gor councillors will not lose their jobs.
1.46pm: Khalid refuses to budge until a no confidence vote is called.
2pm: PAS Hulu Kelang rep Saari Sungib ready to leave party for Pakatan.
4.16pm: PAS gives pro-Wan Azizah reps 24 hours to retract stand or face action.
5.30pm: DAP claims Khalid may call snap polls in November.
5.42pm: Lim Kit Siang tells Khalid to resign for misleading sultan on majority support.
5.45pm: Law experts say no assembly sitting required to oust Khalid as MB.
11.24pm: PAS denies claims that it is rejecting Wan Azizah because she is a woman, but won't reveal its reasons.
Universiti Malaya law lecturer Gurdial Singh Nijar said that the statutory declarations will be sufficient.
“It may be supplemented, if necessary, with a meeting by the sultan with the state assemblypersons,” he said.
As such, Selangor Menteri Besar Abdul Khalid Ibrahim must resign if the majority is established, said Gurdial.
He added if Khalid (left) does not resign, the federal court decision states that the post of menteri besar and his executive council (exco) are vacated automatically.“This implies that the menteri besar and his exco are dismissed,” he said.
PKR president Wan Azizah Wan Ismail earlier today declared that she has the support of 30 assemblypersons in the 56-member assembly.
Other than the 28 PKR and DAP reps, PAS reps Hasnul Baharuddin and Saari Sungib also expressed their support for Wan Azizah as menteri besar today.
Meanwhile, Gurdial added that statutory declarations were more than sufficient as proof.
"They are routinely used in court proceedings and other official matters as proof.
"As signing a statutory declaration is governed by the Statutory Declarations Act, if anything is falsely stated, the person can be charged and imprisoned or fined."
'Resign or face sack'
On the other hand, constitutional expert Abdul Aziz Bari said that Khalid should resign from his post as failure to do so will lead to him being sacked by the sultan.
The academician said that according to the state constitution, the palace is under the duty to appoint Wan Azizah since she has the majority.
"With that, I think the game is over for Khalid. The constitution says he must resign, failing which the sultan may sack him.
"Appointment of government must be done as soon as possible to prevent the state from slipping deeper into the crisis," he said.
He added that another option was for someone with enough standing to go to court to apply for a mandamus (writ of mandate).
"This is an order to compel an authority to do its legal duty; in this case, to compel Khalid to resign as he has lost the confidence of the House," he said.
Selangor crisis today
11.17am: Two PAS assemblypersons pledge support for Dr Wan Azizah Wan Ismail as MB, giving her majority support of the House.
12:42pm: PKR exco member Rodziah resigns.
12.58pm: Exco member confirms that PKR, DAP S'gor councillors will not lose their jobs.
1.46pm: Khalid refuses to budge until a no confidence vote is called.
2pm: PAS Hulu Kelang rep Saari Sungib ready to leave party for Pakatan.
4.16pm: PAS gives pro-Wan Azizah reps 24 hours to retract stand or face action.
5.30pm: DAP claims Khalid may call snap polls in November.
5.42pm: Lim Kit Siang tells Khalid to resign for misleading sultan on majority support.
5.45pm: Law experts say no assembly sitting required to oust Khalid as MB.
11.24pm: PAS denies claims that it is rejecting Wan Azizah because she is a woman, but won't reveal its reasons.
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