Justice Lau Bee Lan will replace Judicial Commissioner Mohamad Ariff Md Yusof to hear the suit filed by Pakatan Rakyat's ousted Perak menteri besar Mohd Nizar Jamaluddin against Barisan Nasional menteri besar, Zambry Abdul Kadir.

When contacted, Nizar's lawyer Leong Cheok Keng confirmed that Lau will hear the matter at the Kuala Lumpur High Court's Appellate and Special Powers division at 10am tomorrow.

Last Wednesday, Mohamad Ariff decided to recuse himself.

nizar jamaluddin dr zambry abdul kadir perak Tomorrow, the court is likely to hear three matters, which include a leave application for the case and the application by Nizar's lead counsel Sulaiman Abdullah to disqualify Perak legal advisor Ahmad Kamal Mohd Shahid from representing Zambry.

The third matter which would be brought to Lau's attention is the urgency of the case as to whether Nizar and his counsel would like to refer the issue directly to the Federal Court as it concerns a constitutional wrangle.

Ariff had suggested bringing the matter directly to the Federal Court for expediency purposes as the case involved interpretation. Sulaiman indicated that they would study the considerations.

Court interpretation sought

Nizar had filed the suit on Feb 13 to determine the rightful candidate for the post of menteri besar, following the collapse of the Perak Pakatan Rakyat state government earlier this month.

The suit seeks an interpretation of Article 16(6) of the Perak constitution on whether the menteri besar’s post can be vacated when:

- The menteri besar had advised the ruler on a dissolution of the state legislative assembly;

- There was no dissolution of the assembly;

- There was never a no confidence motion against the menteri besar in the state legislative assembly; and

- The menteri besar did not resign.

In his application, Nizar said Zambry should cite the authority that allows him to legitimately become the menteri besar.

Nizar is also seeking a declaration that Zambry (left) has no right to be menteri besar at any material time plus an injunction to prevent him or his agents from continuing his task and role as the menteri besar.

There is also a claim for punitive, aggravated and exemplary damages together with costs.