Ousted Perak menteri besar Mohd Nizar Jamaluddin has applied to the Federal Court to have an unprecedented nine-member panel, when it decides to hear Zambry Abdul Kadir's application to interpret constitutional matters on Tuesday.

nizar jamaluddin interview 250309 01 Mohd Nizar filed the application through his lawyer Leong Cheok Keng on Wednesday.

If the application is allowed, this would be the highest number of Federal Court judges to hear an application. Normally, a panel of five judges would hear a matter if it concerns constitutional matters.

At present, there are 12 Federal Court judges since the recent elevation of Justice Gopal Sri Ram, James Foong and Mohd Ghazali Mohd Yusoff to the apex court.

The other judges are Chief Justice Zaki Azmi, President of the Court of Appeal Justice Alauddin Mohd Sheriff, Chief Judge of Malaya Justice Arifin Zakaria and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, Justices Nik Hashim Nik Ab Rahman, S Augustine Paul, Abdul Aziz Mohamad, Hashim Yusoff and Zulkefli Ahmad Makinuddin.

When contacted, Leong confirmed that the application had been filed.

He cited two main reasons namely that the case is of public interest and that Mohd Nizar has questioned the legitimacy of the apex court in hearing the application as it involves the interpretation of a state constitution and not the Federal constitution.

On April 22, it was reported that Zambry is seeking a quicker resolution of the present political crisis by filing an application to bring the matter directly to the apex court to declare him the rightful Perak menteri besar.

Several matters of interpretation

Zambry filed a notice of motion to the Federal Court on Tuesday through the law firm of Zul Rafique and Partners to seek several matters of interpretation.

zambry abdul kadir interview 200409 03 He named Mohd Nizar in his application and wants the Federal Court's intervention to interpret the matters listed below:

(a) Whether Sultan Azlan Shah has the right not to accede to Mohd Nizar's request for the dissolution of the Perak assembly, when he (Mohd Nizar) ceased to command the confidence of the majority of the assembly;

(b) When the sultan declines to accede to Mohd Nizar's request, whether it constitutes to his (Mohd Nizar) resignation and that of his state exco members; and

(c) Whether when Mohd Nizar refused to tender his resignation, his majesty had the right to appoint Zambry pursuant to Article 16(2) of the Perak constitution after the sultan is satisfied that he (Zambry) commands the confidence of the assembly.

If the apex court answers to the above in the affirmative, Zambry is seeking a declaration from court that he was duly appointed menteri besar on Feb 6, 2009.

He is also seeking costs and other relief deemed necessary for the application.

Mohd Nizar filed an application for a judicial review on Feb 13, in challenging Zambry's appointment and sought several declarations pertaining to the interpretation of Article 16(6) of the Perak Constitution.

In his application, Mohd Nizar claimed to be the rightful Perak menteri besar on the grounds that there was no dissolution of the state legislature, no motion of no-confidence was taken in the House against him and he did not resign from the post.

He also issued a writ of quo warranto asking Zambry to show cause by what authority he was occupying the post of menteri besar. The Kuala Lumpur High Court has fixed May 5 for hearing.