Ousted Perak menteri besar Mohd Nizar Jamaluddin filed a notice in the Federal Court today to suspend tomorrow’s hearing of an application by Barisan Nasional appointee Zambry Abdul Kadir, to refer several constitutional matters to it for interpretation.

Mohd Nizar is also seeking a declaration that an amendment to the Perak constitution in 1997, replacing the word ‘Supreme Court’ with ‘Federal Court’ is null and void.

He named the Perak government, the federal government and Zambry as respondents.

nizar jamaludin perak In addition to the two applications, Mohd Nizar is seeking consequential leave for the hearing of his notice as a petitioner who has merit, as well as other relief deemed fit by the apex court and no order as to costs.

The issue is question is whether the 1997 amendment - referring constitutional matters to the Federal Court - is illegal, as state - not federal - law is involved.

Mohd Nizar claimed that the Perak legislative assembly had no right to amend this provision and it should be declared null and void.

And, since he is challenging the interpretative clause under Article 63 of the Perak constitution, the hearing of Zambry's application tomorrow should be suspended.

Last Friday, Mohd Nizar had filed an application, seeking a nine-member bench for the hearing.

Claiming that the case is of public interest, he questioned the legitimacy of the apex court in hearing his rival’s application as it involves the interpretation of a state constitution and not the federal constitution.

What Zambry wants

Zambry filed his application on April 21 in the Federal Court, seeking quick resolution of the political impasse in Perak, by taking the matter directly to the apex court for it to declare him the rightful Perak menteri besar. He named Mohd Nizar as respondent.

dr zambry abd kadir Zambry wants the Federal Court's intervention to interpret:

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

(b) When the sultan declined to accede to Mohd Nizar's request, whether it was tantamount to the resignations of Mohd Nizar and his state exco members; and

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

If the apex court’s responses are in the affirmative, Zambry is seeking a declaration by the Federal Court that he was duly appointed the menteri besar on Feb 6, 2009.

On Feb 13, Mohd Nizar had filed an application for judicial review at the Kuala Lumpur High Court, among others seeking a declaration that he is the rightful menteri besar of Perak. This is scheduled to be heard at the Kuala Lumpur High Court for two days on May 5.