Zambry is rightful MB says Federal Court..........

Datuk Seri Dr Zambry Abdul Kadir retains the Perak mentri besar's post after the Federal Court here today declared his appointment by Sultan Azlan Shah as constitutional.

A five-man bench led by Court of Appeal president Tan Sri Alauddin Mohd Sheriff unanimously ruled that the sultan had exercised his royal power to appoint Zambry to succeed his opponent from Pakatan Rakyat, Datuk Seri Mohammad Nizar Jamaluddin, after he was satisfied that the latter no longer commanded the majority vote of the state legislative assembly.

Alauddin sat with Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court judges Datuk Zulkefli Ahmad Makinuddin, Datuk Wira Ghazali Mohd Yusof and Datuk Abdull Hamid Embong.

Justice Arifin read out the judgment.

This was the final step in the appeal by Mohammad Nizar in his attempt to reclaim the post of menteri besar. Nevertheless, the losing party in a court case can apply to the Federal Court to review its own ruling under Rule 137 of the Rules of the Federal Court to challenge the constitutional points.

The five-man bench had deferred its judgment on Nov 5 last year after having heard submissions in the appeal from counsel representing both Mohammad Nizar and Zambry.

The conflict over who the rightful mentri besar is arose last year after three Pakatan representatives quit their parties to become independent state assemblymen, leaving Pakatan and the BN with 28 assemblymen each in the 59-seat Perak legislative assembly.

They are Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering), who resigned from PKR on Jan 30, and DAP assemblyman Hee Yit Foong (Jelapang) who followed in their footsteps four days later. All of them declared themselves BN-friendly independents.

The Sultan of Perak, Sultan Azlan Shah, then asked Mohammad Nizar, who is Pasir Panjang assemblyman, to step down as menteri besar and swore in Dr Zambry in February last year after declaring that the BN had the majority in the state assembly.

Mohammad Nizar initiated legal proceedings on Feb 13 last year, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.

On May 11 last year, the High Court reinstated Mohammad Nizar as the legitimate menteri besar but the Court of Appeal reversed that decision and declared Dr Zambry's appointment as Perak menteri besar constitutional.

source:bernama

What more can be said......this ruling means rulers can dismiss their MB anytime, anywhere. A sad day for 1Malaysia........

cheers.