PUTRAJAYA, 22 April 2009: Datuk Seri Dr Zambry Abdul Kadir has filed a notice in the Federal Court for a legal interpretation on Clause 63 of the Perak state constitution so that the court could declare that he is the rightful Menteri Besar.
He filed the notice at the Federal Court Registrar’s office, here yesterday through Tetuan Zul Rafique and Partners. The notice was distributed to the media this afternoon.
In his application which was attached with his supporting affidavit, Zambry wanted the Federal Court to decide and interpret the provisions under Clauses 16(2) and 16(6) of the Perak state constitution namely:
- whether the Sultan of Perak had the right to refuse consent to the dissolution of the State Assembly by former Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin when Mohammad Nizar no longer had the confidence of the majority of the assemblypersons;
- whether upon refusal by the Sultan of Perak to dissolve the assembly, should Mohammad Nizar and his executive councillors tender their resignations under Clause 16(6) of the State constitution;
- whether the Sultan of Perak had the right to appoint Zambry as the menteri besar following Mohammad Nizar’s and the executive councillors’ refusal to resign.
If the above questions were decided by the Federal Court in Zamry’s favour, he wanted the court to declare that his appointment as menteri besar on 6 Feb was in accordance with the Perak state constitution.
The Federal Court fixed 28 April for hearing of the application. — Bernama
