I have been hearing people saying that the menteri besar of Selangor can advise DYMM the Sultan of Selangor to dissolve the Dewan Negeri Selangor. It has also been so reported in the major media. Notwithstanding that, I notice that the laws of the constitution of Selangor do not actually provide so.

Article LV(1) provides that “[i]n the execise of His functions under this Constitution or any law or as a member of the Conference of Rulers, His Royal Highness shall act in accordance with the advice of the State Executive Coucil or of a member thereof acting under the general authority of the Council except as otherwise provided by the Federal Constitution or this Constitution...”

It is therefore clear that it is the state executive council or a member thereof with general authority who can give advice to DYMM the Sultan of Selangor, not necessarily the menteri besar. If the constitution intends to empower only the menteri besar to give advice it would have named the menteri besar directly in Article LV(1).

In normal circumstances menteri besar shall represent the state execute council but it is apparently not so in the current Selangor state executive council as the current four exco members are all from PAS and PAS had on Aug 17, 2014 announced its party’s decision not to continue supporting the current Menteri Besar, Khalid Ibrahim.

In that circumstance, it can be concluded as follows:

1. The menteri besar cannot advise DYMM the Sultan of Selangor to dissolve the Dewan without bringing this issue to the exco members for a decision to be made by majority; and

2. The four exco members could jointly write a letter to DYMM the Sultan of Selangor to present their views that they are not agreeable for the Dewan to be dissolved since there has been joint consensus by the majority of state assemblypersons to recommend Dr Wan Azizah Wan Ismail to replace Khalid Ibrahim as the menteri besar of Selangor and there is no deadlock in the situation which requires dissolution of the Dewan to resolve.

In that circumstance, DYMM the Sultan will not have the requisite advice to dissolve Dewan pursuant to the laws of the constitution of Selangor even being so advised by Khalid Ibrahim.

The above is my humble opinion.

ERIC TAN PK SHYONG is Selangor state assemblyperson for Pandamaran (N47), and an advocate & solicitor of the High Court of Malaya.