PUTRAJAYA, May 22 -- A three-man bench of the Court of Appeal, in a unanimous decision, today declared Datuk Seri Dr Zambry Abdul Kadir as the rightful menteri besar of Perak.
The court held that the order made by the High Court on May 11, in declaring Datuk Seri Mohammad Nizar Jamaluddin as the legitimate menteri besar, was wrong and set aside that decision.
"The learned High Court judge had failed to properly and adequately appreciate the entire evidence before him, and that rendered the decision as wrong," said Justice Datuk Md Raus Shariff, who sat with Justices Datuk Zainun Ali and Datuk Ahmad Maarop.
Both Mohammad Nizar and Zambry were not present in court today.
Justice Md Raus, in his oral judgment, also held that the Sultan of Perak, Sultan Azlan Shah, was right in appointing Zambry as the new menteri besar, under Article 16(2) of the Perak Constitution, after being satisfied that Zambry had the command of the majority of the state legislative assembly.
"We hold the view that the granting or the withholding of the request for the dissolution of the state legislative assembly is the royal prerogative.
"On the facts of this case, the request for the dissolution of the state legislative assembly was made under Article 16(6) of the Perak Constitution and not under Article 36 of the constitution," said Justice Md Raus in allowing Zambry's appeal against the High Court decision.
Justice Md Raus further held that the Sultan of Perak was right in making enquiry to satisfy himself that the respondent (Mohammad Nizar) had ceased to command the majority confidence.
The fact that Mohammad Nizar had ceased to command the majority confidence could be obtained or established alternatively, he said.
"There is no mandatory or expressed requirement in the Perak Constitution that provides that there must be a motion of no-confidence to be tabled against the respondent before deciding that he had ceased to command the majority confidence of the state legislative assembly," he said.
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