Court cases related to the 2009 Perak constitutional crisis
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Plaintiff vs |
Matter | Status / Court / Decision | Ruled in PR’s favour | |
| 1 | Nizar vs Zambry | To determine rightful Perak MB. |
High Court decision on 11 May 2009: Datuk Seri Mohammed Nizar Jamaluddin is the rightful menteri besar of Perak. But Court of Appeal grants a stay of execution to Zambry on 12 May. Nizar has since filed an application to set aside that stay. The Court of Appeal will hear that application on 21 May. On 22 May, Court of Appeal allows Zambry’s appeal to set aside High Court judgement. In a unanimous decision, they rule that Zambry was rightfully sworn in by the Sultan of Perak. |
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| 2 | Jamaluddin Mohd Radzi, Mohd Osman Jailu and Hee Yit Foong (3 Aduns) vs Speaker V Sivakumar vs EC | A declaration that the plaintiffs have not resigned as elected representatives. And to rule whether the EC has the right to declare vacancy status of state seats. |
Federal Court decision on 9 April 2009: Plaintiffs have not resigned, remain as Aduns. EC has the right to determine if a state seat is vacant, not the speaker. |
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| 3 | Zambry and 6 Others (excos) vs Sivakumar and state assembly |
Among others, a declaration that the speaker’s suspension of MB Zambry and six exco are invalid. Injunction to prevent speaker from holding unlawful meetings. |
Federal Court decision on 16 April: Speaker’s decision to suspend Zambry and six others was null and void. No ruling on other applications. Ipoh High Court decision on 3 March: Injunction granted in the afternoon preventing speaker from holding unlawful meetings. Injunction was not retrospective and did not cover the 3 March sitting under the tree in the morning.
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| 4 | Sivakumar vs state legal adviser | An order that the state legal adviser had no instructions to represent the speaker. |
Court of Appeal decision on 13 March 2009: Speaker is allowed to choose and appoint his own lawyers. |
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| 5 | Sivakumar vs Election Commission, Jamaluddin Mohd Radzi, Mohd Osman Jailu and Hee Yit Foong | Judicial review of EC’s decision not to declare the three seats of Behrang, Changkat Jering and Jelapang vacant following Sivakumar’s declaration that the three independents had resigned, and not to hold fresh elections for the three vacant seats. |
Kuala Lumpur High Court hearing on 28 May |
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| 6 | Chen Fook Chye, Tai Sing Ng and A Sivanesan (excos), and Ahmad Sabry, Abdul Latif and Foo Hon Wai (voters) vs EC and three independent Aduns | Judicial review of EC’s decision not to declare the three seats of Behrang, Changkat Jering and Jelapang vacant following Sivakumar’s declaration that the three independents had resigned, and not to hold fresh elections for the three vacant seats. | Kuala Lumpur High Court hearing on 28 May |
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Table of Perak court cases as of 22 May 2009
