Sacked Selangor excos can turn to sultan for relief, say lawyers

The Malaysian Insider
by V. ANBALAGAN

The six executive councillors sacked by Tan Sri Abdul Khalid Ibrahim yesterday can write to the sultan of Selangor to call an emergency meeting of the state assembly to test if the menteri besar commands the confidence of the majority, says a constitutional lawyer.

Syahredzan Johan said the six from DAP and PKR had made up the majority in the 11-man Pakatan Rakyat (PR) executive council and they had a right to call the meeting in view of fast-moving political developments.

The other four executive councillors are from PAS, who are said to be supportive of Khalid, but Syahredzan said under the constitution, the ruler has the power to summon the state legislative meeting on the advice of the executive council.

"The six who make up the majority could write to the ruler but whether it will be approved is left in the hands of the sultan," he told The Malaysian Insider.

Last night, Professor Gurdial Singh Nijar of University Malaya's law faculty said only the sultan could dismiss the executive councillors and not Khalid.

Syahredzan said under normal circumstances, the menteri besar, who is the head of the executive council, would advise the ruler to call for a meeting.

He said if such meeting was approved, then PR must have the numbers to defeat Khalid in the house.

"The question is do they have it?" he asked.

Lawyer Nizam Bashir said based on Federal Court ruling in the Perak case, PR could send a letter to the palace to show that the majority of assemblymen in Selangor supported another candidate as MB.

He said once the sultan was satisfied that the MB has lost the support of the majority, he may dismiss him and the executive council.

At a press conference last night, PKR and DAP appealed to PAS's four executive councillors to boycott today's Selangor exco meeting in solidarity with their sacked colleagues.

DAP secretary-general Lim Guan Eng said the sacking of the six by Khalid was unethical and against democratic principles.

The sacked excos are Datuk Teng Chang Khim,  V. Ganabatirau and Ean Yong Hian Wah (DAP), while the three PKR excos are Elizabeth Wong, Dr Daroyah Alwi and Rodziah Ismail.

The six said last night they would continue their duties today.

Teng said all of them considered the dismissals as not valid, as they doubted that Khalid has obtained the consent of the sultan before sacking them. – August 13, 2014.