Nizar still Perak MB - Ku Li : Malaysiakini

PETALING JAYA: Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he added.

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

Article 16 of the Perak Constitution:

The Article states that if the Mentri Besar ceases to command the confidence of the majority of the members of the legislative assembly he shall tender the resignation of the executive council.

This is unless on the MB’s request, His Royal Highness dissolves the legislative assembly.

Article 33 (1) which says: If any question arises whether a member of the legislative assembly has become disqualified for membership, only the assembly could decide on the status of the assemblymen and not the Sultan of Perak.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government. (TheStar)