A snap election is possible in Selangor if Menteri Besar Tan Sri Abdul Khalid Ibrahim is defeated in a no-confidence vote in the state legislative assembly for defying his party's move to replace him, say constitutional lawyers.They said the Sultan of Selangor, Sultan Sharafuddin Idris Shah, could use his royal prerogative if Khalid made a request to the ruler to dissolve the assembly based on provisions in the state constitution and legal precedence.
Lawyers are mulling the various scenarios following Khalid's defiance of PKR's decision to replace him with party president Datuk Seri Dr Wan Azizah Wan Ismail.
Constitutional lawyer Dr Abdul Aziz Bari said assemblymen in Selangor could attest statutory declarations to show that they no longer supported Khalid.
"A representation could be made to the ruler to show the level of confidence if many were not with Khalid," he told The Malaysian Insider.
In such a scenario, Aziz said the ruler could invite another assemblymen recommended by PR to replace Khalid.
In the alternative, the lawyer said a vote of no-confidence has to be taken against Khalid and if defeated, he has to tender his resignation.
"In the light of certain constitutional principle, the ruler has to appoint a new menteri besar once it is determined that Khalid has been defeated decisively.”
Aziz said a vote of no-confidence was taken against Selangor menteri besar Datuk Harun Idris in 1975 and Datuk Muhamed Nasir (the PAS menteri besar of Kelantan) in 1978.
The confidence vote could be a possibility as Khalid said yesterday he stood by the state constitution which has mapped out special conducts and processes to replace a state leader.
"Until all the processes are completed, I will continue to do my job as the menteri besar with responsibility as requested by the Selangor people," he had said.
The PKR supreme council on Monday endorsed Dr Wan Azizah as Selangor menteri besar, completing the "Kajang move" to replace Khalid.
PKR de facto leader Datuk Seri Anwar Ibrahim said Dr Wan Azizah's name has been proposed and he believed that she could ensure stability for PKR and Pakatan Rakyat.
Today, the Pakatan Rakyat supreme council will meet to endorse the PKR decision on the new menteri besar.
All PR needs to remove Khalid after the supreme council endorses the decision is a simple majority vote in the state assembly to oust Khalid, if he refuses to resign.
PR – comprising of PKR, PAS and DAP – has 44 seats in the assembly while the opposition Barisan Nasional (BN) has the remaining 12 seats. PAS and DAP each has 15 seats while PKR has 14.
Lawyer Nizam Bashir said under the state constitution, the menteri besar and his executive council have to tender their resignations to the ruler if Khalid loses in the confidence vote.
He said the ruler could appoint another assemblyman, who in his opinion enjoyed the confidence of the majority assemblymen to be the new menteri besar, while Khalid could also request that the ruler dissolve the assembly for the people of Selangor to elect a new
government.
"However, the ruler could turn down the request and use his prerogative to appoint another assemblyman as menteri besar," he told The Malaysian Insider.
Nizam said any decision of the Sultan would reflect the will of the people.
"Ultimately, any decision will be done in the interests of the rakyat," he added.
A senior lawyer, who spoke on condition of anonymity, said the ruler's decision to dissolve the house could not be challenged in court.
"Once the ruler accepts the advice of Khalid, no one can mount a legal challenge even if there was an agreement for a smooth transition," he said.
Lawyer Syahredzan Johan said there was a danger of a defeated Khalid advising the Selangor ruler to dissolve the assembly and that he still held the trump card in determining whether a snap election should be held.
"An election is very likely to be held if Khalid requests the ruler to dissolve the assembly," he said.
Syahredzan, however, said it would be an uphill task to unseat Khalid as his defeat also meant all his state executive councillors would have to resign.
The lawyer believes Khalid has the numbers to remain in power as the chief executive of the state.
"Is PR confident of replacing a new menteri besar without dissolution of the assembly?"
Khalid has been facing mounting pressure from the Pakatan Rakyat leadership to resign over his handling of Selangor affairs.
This included the state’s management of its water resources, Kidex highway and seizure of Malay and Iban Bibles by the Selangor Islamic Religious Department (Jais).
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