Court rules Nizar is legitimate MB !!

VS

The Kuala Lumpur High Court today paved the way for a fresh round of battle in Perak by declaring that BN's Zambry Abd Kadir was not the legitimate menteri besar of Perak.

Judge Datuk Abdul Aziz Abdul Rahim, who delivered his ruling after hearing submissions and cross-examinations over four days last week, said that there was no vote of no confidence moved against Nizar in the state legislative assembly and that the office of the menteri besar had not become vacant.Immediately after the ruling, Zambry's lead counsel Datuk Cecil Abraham's requested for a stay of the decision, pending Zambry's appeal at the Court of Appeal. Nizar's lead counsel Sulaiman Abdullah objected to the request. Abdul Aziz then dismissed Abraham's oral application for stay, saying that Zambry could put in a formal application backed by authorities.

The ruling was the culmination in the suit brought by Nizar on Feb 13 to challenge Zambry's position as Perak menteri besar and to seek constitutional interpretations on Article 16(6) of the Perak Constitution pertaining to the manner in which the menteri besar's post can be vacated.Nizar also issued a writ of quo warranto asking Zambry to show cause by what authority he was occupying the post of menteri besar as well as an injunction to prevent Zambry or his agents from continuing roles of the menteri besar.

Sultan Azlan Shah appointed Zambry as menteri besar on Feb 6 after deeming the latter to command the majority confidence of the assembly with support from BN’s 27 other assemblymen and the three independents — Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang). The trio’s resignation from their respective parties had thrown the Perak state assembly into a deadlock as both PR and BN had 28 representatives each in the 59-seat assembly.

Met after the ruling, a jubilant Nizar hailed the decision as a "victory for the rakyat". Nizar, who was mobbed by reporters and supporters, said he immediately would seek royal consent for the Perak state assembly to be dissolved to allow the people of Perak to elect their legitimate state government. Nizar also called on Zambry to abide by the court's decision and return office to Pakatan Rakyat (PR) in an orderly manner.He reminded Zambry and the BN executive councillors (exco) to immediately vacate their positions as per the court's orders, adding that a PR exco meeting would be held soonest possible. Hundreds of supporters were at the Jalan Duta court complex to celebrate Pakatan's victory, chanting "Hidup, hidup, hidup rakyat!" and "bubar, bubar, bubar dun perak".

The Federal Court once again returned the matter to the High Court after it ruled on April 28 that it cannot hear the three questions referred by Zambry before the facts of the case had been established by the High Court.

Congratulations to the Pakatan Rakyat!