The Selangor state assembly should not be dissolved amid the loss of confidence in Menteri Besar Abdul Khalid Ibrahim as a similar situation in Perak did not warrant one, says Universiti Malaya law professor Gurdial Singh Nijar.

He was referring to a Federal Court decision which upheld the Perak sultan's refusal to dissolve the House when the opposition (then BN) gained a three-seat advantage through defections in 2009.

"If it is clear that the ruling Pakatan coalition has the majority support of the Selangor state assembly and can continue to govern the state, then there should be no dissolution. 

"With an overwhelming 77 percent of the present state assembly members making up Pakatan, there is little doubt that Pakatan can continue to rule," he said in a press statement today.

This, Gurdial said, was in line with the constitution, conventional practices and a "matter of logic".

Khalid was sacked from PKR for refusing to comply with the party's instruction to step down as Selangor menteri besar.

Lone ranger galloping lone

A party-less Khalid is still insisting on leading the state and had retaliated by expelling DAP and PKR from the state government.

However, 43 state assemblypersons out of the 56-member House have declared that they have lost confidence in Khalid.

Khalid ( left ) is expected to seek an audience with the Selangor sultan, who is returning from abroad today, as early as next week to request a dissolution of the assembly for fresh polls.

Gurdial acknowledged that the menteri besar has powers to request a dissolution and in certain cases, the sultan also has residual powers to do so without any request.

"However, established convention makes clear that dissolution is not an option if the majority of the members of the assembly continue to support the ruling party," he said.

While PAS on Aug 17 became the last to publicly withdraw support for Khalid in the three-member Pakatan coalition, it is still dithering on its support for PKR's choice of MB.

PAS had proposed both PKR president Wan Azizah Wan Ismail and her deputy Azmin Ali as candidates but PKR, backed by DAP, is insisting on Wan Azizah.

Selangor crisis today

9.21am: Dr Wan Azizah denies that PKR is on a smear campaign against MB Khalid and is only laying down the facts

11.18am: Sources say PAS at Pakatan meeting yesterday reluctant to make reps sign statutory declarations to show support for Wan Azizah as MB

11.21am: Law expert says there is no basis to dissolve the Selangor assembly but if the sultan allows it, it cannot be contested

4pm: Law expert Gurdial Singh Nijar says that if the Perak assembly was not dissolved despite the three-seat majority, Selangor assembly should not either as Wan Azizah has a super-majority.

7.32pm: Anwar says that despite PAS’ reluctance, Pakatan will still only nominate Wan Azizah as its sole replacement MB candidate