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Sunday, March 1, 2009

Emergency sitting is ultra vires Perak constitution

Deputy Prime Minister Datuk Seri Najib Razak said the Perak state assembly speaker V. Sivakumar cannot call an emergency sitting of the assembly because the court has yet to make a decision on the status of the government in the state.

The Deputy Prime Minister said any decision to hold a state assembly sitting in Perak depended on the decision made by the court in relation to the case.

Zambry said Sivakumar's action was ultra vires the Perak constitution and the Standing Orders of the state's legislature.

The emergency meeting is being called to move a vote of confidence in Mohammad Nizar as the Menteri Besar of Perak.

It is clear that any emergency sitting of the Perak state assembly may not be made after a decision of the Court in respect of the case has been filed against the status of the BN government in Perak.

Ironically, establish the status of the Perak government in terms of the constitution is crucial. On Feb 13 former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin initiated court action in the Kuala Lumpur High Court to get a declaration that he is the rightful menteri besar of Perak.

He also sought an injunction to prevent the new Menteri Besar, Datuk Dr Zambry Abdul Kadir from carrying out the Menteri Besar's duties and for a fresh election to be held in Perak.

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