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Nizar files leave application at Federal Court
Politics & Government 2009
Written by Chua Sue-Ann   
Friday, 19 June 2009 15:58

PUTRAJAYA: The Federal Court will hear on July 9 and 10 former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin's leave application to challenge a Court of Appeal decision on the Perak menteri besar position.

The Federal Court's deputy registrar fixed the date after Nizar filed his motion of leave to appeal at 3.32pm today, one working day before the 30-day appeals deadline expires Monday.

Nizar sought to appeal the Court of Appeal's decision on May 22 declaring Datuk Seri Dr Zambry Abdul Kadir the rightful menteri besar of Perak.

Nizar's lawyer Leong Cheok Keng told a press conference the legal team had drafted three questions for constitutional interpretation by the Federal Court.

The questions concern whether the Perak ruler can dismiss the menteri besar and elect a new one when the incumbent has not resigned nor was there a vote of no confidence passed, Leong said.

In his application, Nizar also sought 11 judges — the maximum number of judges — to hear his leave application.

Judge Datuk Md Raus Shariff, in his oral judgment on May 22, ruled that the Sultan of Perak, Sultan Azlan Shah, was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak Constitution, after being satisfied that Zambry had the command of the majority of the Perak state legislative assembly.

In reversing the High Court's decision which declared Nizar as the rightful Perak menteri besar, Md Raus who sat with justices Datuk Zainun Ali and Datuk Ahmad Maarop, held that the Sultan of Perak was right in making enquiries to satisfy himself that Nizar had ceased to command the majority confidence.

  Last Updated on Friday, 19 June 2009 18:35

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