Declared Perak MB, Nizar to hold 10pm Pakatan Exco meeting in Ipoh

9:24pm: The High Court today declared Datuk Nizar Jamaluddin as the legitimate Menteri Besar of Perak and his bid to regain office will come sooner than expected after the same court denied the application of rival MB, Datuk Dr Zambry Abdul Kadir, for a apply for a stay pending an appeal.

In his ruling, Justice Abdul Aziz Abd Rahim stated that a new Mentri Besar could not be appointed as the office had not been vacated. A mentri besar can only be dismissed by a vote of no confidence, one in which Aziz noted that the Perak Legislative did not carry out.

Court said the fatal Barisan Nasional mistake was despite the majority of 31 against 28, the coalition failed to take a no-confidence vote against Nizar in the state assembly.

The Judge said once appointed as chief executive of the state, the Menteri Besar is only answerable to the state assembly.

The judge also said the job of the Ruler or head of state was only to appoint a Menteri Besar and if he refuses to resign, he cannot be sacked or his position vacated.
Justice Aziz said Nizar had gone to meet the sultan on Feb 4 to seek a dissolution of the house to go back to the people.

“It is not true that Nizar had asked the ruler to dissolve the House on grounds that he had lost confidence of the majority,” he said.

Prime Minister Datuk Seri Najib Abdul Razak said the BN will appeal the court ruling.

“We feel we have a strong case. We feel that we are on a sound footing so we will appeal this decision,” Najib told a Press conference in an immediate reaction the court ruling.

In the meantime, Nizar declined to meet the Press for the customary Press conference, preferring to leave the court to travel back to Ipoh to seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get the royal consent to dissolve the Perak Assembly and call for fresh state elections.

However, he has made a pit stop at Taman Melewar, in Gombak, where the Pas headquarters is situated, where he briefed senior Pas leaders on the court ruling.

Nizar was expected to attend a Pas ceramah tonight and explain the court ruling to supporters but NST reporters have established that he has left for Ipoh to hold an a Pakatan Rakyat Exco meeting around 10pm, presumably with those who were State Exco members when he held office. Word has spread to the Ipoh-based Press that a media conference will be held no later than 12.30am.

"I have already indicated to the palace that I am seeking an audience with the Raja Muda to present a proposal to dissolve the state assembly," he said.

"It does not matter if I am not appointed as Menteri Besar as long as the right to choose are returned to the people," he added.

NST reporters in Ipoh also established that Nizar, as of now, does not have an appointment for an audience with the Sultan of Perak. Even if he soughts one today, he is likely to get the appointment confirmed only tomorrow morning.

However, a Malaysian Insider report, quoting senior PKR official, stated that the Regent of Perak Raja Nazrin Shah has agreed to see Nizar at 8.30am tomorrow.

However, this does not seem to be the case with the palace. NST reporters have found out that while the palace have confirmed receiving Nizar's request for an audience with the Regent, Raja Nazrin has not given the consent that he will grant an audience with the re-instated Menteri Besar although the Ruler has the forbearance to give one at any time of his choosing.

For now, Nizar and his people have to adopt a "wait-and-see" stance.

On March 3, after the "democracy tree" assembly held by Pakatan Rakyat assemblymen, Nizar had submitted a letter to the palace seeking that the Sultan dissolve the assembly can call for fresh state elections. However, Nizar did not get a response.

But with today's court ruling, that letter still stands. It is now a question of whether the palace may communicate a response to Nizar's letter and declare a royal ruling.

Zambry, on the other hand, has indicated through his aides that he will respect the court decision and will vacate his Menteri Besar office at any time soon. Zambry was not present at the court this afternoon.

His aides also indicate that the Exco members will also vacate their respective offices once Zambry does so.

Speaking to reporters later in reacting to the verdict, Zambry said: "I accept the court decision with an open heart and mind. I and my firends will take steps according to the law. I call on all BN supporters and people in Perak to be calm."

In anticipation of a demonstration, police deployed Federal Reserve Unit trucks at the Perak Secretariat in Ipoh.

Perak takeover hasty, says Mahathir

Former PM TDMM says BN had acted hastily in taking over the Perak government and that Rulers cannot dismiss an elected head of government.

But he refused to say whether Zamry's appointment was legal or not because "the matter is best decided by the court".

That's exactly what I have been saying that Nizar is the Perak MB. To me, he is still the MB.

Perak Assembly adjourned after chaotic & acrid meeting

4:08pm: The Perak Assembly has adjourned after a tumultuous meeting that led to ugly shouting matches and the ejection of Speaker V. Sivakumar, who was carried out physically by policemen. Despite the difficult situation, Perak Regent Raja Dr Nazrin Shah delivered his royal address but did not touch on the state's political flux nor the verbal brawls in the House.
The Regent instead focused on praising both the State and Federal Governments for ensuring growth and prosperity in Perak.

Earlier, commotion reigned at the Perak state assembly sitting after Sivakumar refused to start proceedings for as long as Menteri Besar Datuk Seri Dr Zambry Abdul Kadir, the six Barisan Nasional (BN) executive councillors and three Independent assemblymen were in the House.

Immediately after taking his seat at about 10am, Sivakumar ordered the 10 assemblymen to leave the hall on the basis that they had been suspended.

The commotion that ensued left the Regent waiting in the holding Royal Room, for the official opening of the assembly session. Zambry and the other nine assemblymen, however, ignored Sivakumar's order.
Former Menteri Besar Datuk Seri Mohammed Nizar Jamaluddin and his former Exco members remained seated at the seats allocated for the Menteri Besar and exco members, while Zambry and the new exco members were seated on the opposition side.

Zambry then stood and proposed a motion to sack Sivakumar as Speaker, with the 27 BN assemblymen and three Independents raising their hands in support. But Sivakumar rejected the motion and explained that Zambry could not table the motion as he had been suspended from the assembly.

This caused the assemblymen on both sides of the political divide to hurl insults at each other.

Zambry then proposed the motion again, supported by the BN and Independent assemblymen. In response, Sivakumar ordered the House sergeant-at-arms to remove the 10 assemblymen but Zambry said that Sivakumar had been expelled.

At 10.48am, Deputy Speaker Hee Yit Fong then took over to preside over the assembly sitting from the opposition seat.

Zambry then proposed that former Sungkai assemblyman Datuk R. Ganesan be appointed as the new Speaker and the BN assemblymen and Independents supported the motion.

The commotion continued with Sivakumar still occupying the speaker's chair. With both parties claiming theirs is the rightful speaker, the taunting and booing continue and at one point, they almost got physical.

Sivakumar's voice, however, could not be heard clearly as his microphone has been turned off. The new speaker, Datuk R. Ganesan adjourned the session for an hour with Sivakumar claiming it was null and void.