MB vs MB: Final appeal on Nov 5

The Federal Court will hear on Nov 5 an application by Pakatan Rakyat's Mohammad Nizar Jamaluddin on the rightful menteri besar of Perak.

Mohammad Nizar's lawyer Leong Cheok Keng told Bernama that he received a letter dated Sept 3, via fax from the Federal Court registry in Putrajaya, informing his legal firm that the court had fixed the date.

Mohammad Nizar is appealing against the Court of Appeal's decision which declared Zambry Abd Kadir the rightful menteri besar of Perak.

On July 9, the Federal Court granted Mohammad Nizar's leave to appeal after the respondent, Zambry, through his counsel Cecil Abraham and the intervernor, the government which was represented by attorney-general Abdul Gani Patail, had no objection to the application.

The battle for the menteri besar's post began after three assemblypersons left the DAP-PKR-PAS alliance and threw their support behind Barisan Nasional in February.

High Court ruled in Nizar's favour

Mohammad Nizar, 52, then filed for a judicial review seeking a writ of 'quo warranto' to be issued against Zambry ( left ) to show cause on what basis or authority he (Zambry) claims to be the rightful menteri besar.

On May 11, the Kuala Lumpur High Court declared Mohammad Nizar the legitimate menteri besar, but the ruling was overturned by the Appeal Court on May 22.

The High Court ruled that the Sultan of Perak Sultan Azlan Shah could not dismiss Mohammad Nizar from his office because the latter (menteri besar) did not hold office at the pleasure of the ruler; and once a menteri besar was appointed, he and his executive council were answerable to the state legislative assembly and no one else.

The Court of Appeal held that the sultan 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 legislative assembly.

Counsel Sulaiman Abdullah is lead counsel for Mohammad Nizar.

- Bernama