IPOH: The battle for power in Perak comes to a head today, with Pakatan Rakyat (PR) bent on proceeding with an emergency sitting of the state legislature, while Barisan Nasional (BN) representatives have taken the matter to the courts.

In what is unfolding into a constitutional crisis in the state whose ruler is a former lord president, the ensuing drama could potentially cripple the state’s administration.

The state secretary and the police too have been drawn into the political imbroglio, with the state’s police contingent declaring that the state assembly meeting called by Speaker V Sivakumar was unlawful. BN representatives are expected to boycott the sitting.

The speaker had called for the emergency meeting after barring newly appointed Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his six executive councillors from entering the state assembly for 18 months and 12 months, respectively.

Zambry and the exco members yesterday filed an originating summons in the High Court to seek a declaration that their suspension was unlawful. The hearing of the case is slated for 9am today.

Three former PR representatives-turned-independents, Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong, yesterday also served the speaker with an originating summons to seek a declaration that they are still legally the elected representatives for the Behrang, Changkat Jering and Jelapang constituencies, respectively.

With the barring of Zambry, the six excos and the three independents from entering the assembly, PR’s intention is to proceed with a vote of confidence on former Perak menteri besar Datuk Seri Nizar Jamaluddin, backed by the majority numbers in the House.

Nizar has also taken his case to the courts seeking a judicial proclamation that he is still the lawful state chief executive, following the installation of Zambry as his successor by the Sultan. The case will be heard at the High Court in Kuala Lumpur today.

Pursuant to the constitutional rights accorded to the Sultan, the ruler had acted on the strong belief that BN and Zambry had the majority support in the House following the defection of the three former PR representatives.

Adding to the chaotic situation yesterday, the state secretary’s office issued a circular telling its staff to cancel all appointments scheduled for today as the main entrance to the state secretariat building, where the state legislature meets, would be closed. The state secretary has control of the keys to the assembly.

Perak police chief deputy commissioner Datuk Zulkifli Abdullah then came up with a stern warning to the public not to gather outside the state assembly building, saying that the emergency assembly meeting was “illegal”.

By late evening, three FRU trucks were parked at the rear entrance of the building and riot police were advising even journalists to maintain a safe distance today.

Subsequently, Sivakumar said at a hastily arranged press conference that the state police chief had no right to declare the assembly illegal.

“As speaker, I intend to invoke the powers of the House to commit those responsible to be punished appropriately.”

“Besides the House’s inherent power to commit (someone) for contempt, I will draw the police chief’s attention to Section 124 of the Penal Code which is an offence punishable by prison for a term up to seven years and also to a fine,” he told reporters.

Section 124 relates to the crime of attempting to induce or compel or wrongfully restrain any member of the legislature.

The speaker also suspended the assembly’s secretary Abdullah Antong for failing to act impartially as an officer of the House and replaced him with Mohd Misbahul Munir Masduki.

Meanwhile, Zambry reiterated that the emergency meeting would be unlawful, as it did not have the consent of the Sultan.

“The current matter is now under the purview of the courts, and any further action of the speaker is sub-judice and in contempt of court,” he told reporters at his office.

Asked if taking the matter to the courts was not contrary to the doctrine of separation of powers, Zambry said: “We have consulted our lawyers and the decision of the speaker was against the law. He is not above the constitution.”

“Articles 8, 11 and 36 (of the Perak constitution) clearly  mention the need for the sultan’s consent,” he said.