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Federal Court: Zambry is Perak MB |
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Written by Chan Kok Leong
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Tuesday, 09 February 2010 11:22 |
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PUTRAJAYA: After more than a year of court battles, public protests and rallies, the Federal Court today upheld the May 22, 2009 Court of Appeal decision.
The decision was 5-0 in favour of Barisan Nasional Menteri Besar Datuk Seri Dr Zambry Abdul Kadir.
The judgment was read out by Chief Judge Tan Sri Arifin Zakaria.
According to Arifin, who read the background of the case, Court of Appeal was justified to reverse May 11, 2009 High Court decision based on Sultan's rejection to dissolve state assembly which was made under Article 16 (6) of the Perak Constitution which requires Nizar to resign and not under Article 36 (2).
Federal Court also noted the test that Nizar had lost confidence of majority of assembly had been satisfied in a special palace meeting between Sultan Azlan Shah and 31 assemblymen.
Federal Court said: "There is no requirement in state Constitution which requires a vote of no-confidence to be taken in the state assembly".
"In the present case, there is no doubt that Zambry has the support of 31 out of 59 members of the assembly," said Federal Court.
The decision comes more than a year after the Pakatan Rakyat (PR) government in Perak was unceremoniously overthrown by its Barisan Nasional counterpart on Feb 6, 2009.
PR MB Datuk Seri Mohammad Nizar Jamaluddin arrived at 9.10am amid shouts of "Dissolve Perak Assembly" and "God is great" by his 100-odd supporters.
Nizar was accompanied by his wife and DAP's Datuk Ngeh Koo Ham.
The yellow-clad BN supporters jeered Nizar as he entered the court building while police just watched.
Zambry did not come to court although Perak Speaker Datuk R Ganesan arrived well before 8am.
Earlier, PR lawyer Edmond Bon Twittered, "From my limited experience this may be sign BN has got 'wind' of a BN win. Have not seen them turn up in full force in any court during case".
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