In the appeal filed by Pakatan Rakyat Menteri Besar Nizar Jamaluddin against the appellate court’s decision to overturn a High Court ruling that he is the rightful chief minister of Perak, the following questions will be put forth to the Federal Court for its review.
No hearing date has been fixed yet. Neither has the size of the bench been confirmed.
Questions to be decided at the appeal:
1. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, and in the circumstances that:
i. the Menteri Besar of Perak wishes, and has advised for the dissolution of the Perak State Legislative Assembly; and
ii. there was no dissolution of the Perak State Legislative Assembly; and
iii. there was no motion of no confidence taken in and adopted by the Perak State Legislative Assembly against the Menteri Besar of Perak; and
iv. there was no resignation by the Menteri Besar of Perak;
the post of the Menteri Besar of Perak may be and/or has been vacated.
2. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, the determination of the issue of confidence in the Menteri Besar of Perak has to be made by members of the Perak State Legislative Assembly in an Assembly meeting on a vote of no confidence, or by means other than by a vote of no confidence in the Perak State Legislative Assembly as to whether the Menteri Besar commands the confidence of the majority of the members of the Perak State Legislative Assembly.
3. If the Menteri Besar refuses to tender the resignation of the Executive Council, whether, under the Laws of the Constitution of Perak, a Menteri Besar may be dismissed from office or the Menteri Besar’s post be deemed vacant or vacated?
SK
10/07/09
No hearing date has been fixed yet. Neither has the size of the bench been confirmed.
Questions to be decided at the appeal:
1. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, and in the circumstances that:
i. the Menteri Besar of Perak wishes, and has advised for the dissolution of the Perak State Legislative Assembly; and
ii. there was no dissolution of the Perak State Legislative Assembly; and
iii. there was no motion of no confidence taken in and adopted by the Perak State Legislative Assembly against the Menteri Besar of Perak; and
iv. there was no resignation by the Menteri Besar of Perak;
the post of the Menteri Besar of Perak may be and/or has been vacated.
2. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, the determination of the issue of confidence in the Menteri Besar of Perak has to be made by members of the Perak State Legislative Assembly in an Assembly meeting on a vote of no confidence, or by means other than by a vote of no confidence in the Perak State Legislative Assembly as to whether the Menteri Besar commands the confidence of the majority of the members of the Perak State Legislative Assembly.
3. If the Menteri Besar refuses to tender the resignation of the Executive Council, whether, under the Laws of the Constitution of Perak, a Menteri Besar may be dismissed from office or the Menteri Besar’s post be deemed vacant or vacated?
SK
10/07/09
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