PERAK IN CRISIS: Nizar has no choice but to resign: Bar Council

Ambiga,

Your last paragraph does not concur with your statement in any way be it legal and/or professional opinion as a practising lawyer and the head of bar council. You seem to be biased towards one party whilst leaning against the other.

" Ambiga, however, said the recourse for the Pakatan Rakyat government was to challenge the Election Commission’s decision not to call for a by-election, and also to get the court to declare that the resignation letters by the defecting assemblymen were valid."

Well, what are you trying to proof? You got to make it clear with your opinion before suggesting the grounds for the take over...

PERAK IN CRISIS: Nizar has no choice but to resign: Bar Council

Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin has no choice but to resign, the Bar Council head said.

Datuk Ambiga Sreenevasan said that Perak ruler Sultan Azlan Shah had acted within the provisions of the state constitution in not agreeing to the dissolution of the state assembly and asking Nizar to quit.

“The constitution says that if the MB does not command majority in the state assembly and his request to dissolve the state assembly is not granted by the Sultan, then will have to tender the resignation of the exco, including himself,” she said.

Ambiga pointed out that it was the Sultan who appoints the menteri besar, who in his judgement, is likely to command the confidence of the majority of the assembly.

“These provisions are similar to those in the Federal Constitution and in this case, the Ruler seemed to be satisfied that he (Nizar) does not command the majority.”
She added that going by the plain reading of the language in the Constitution, Nizar has no choice, adding it was a difficult situation, especially since this was considered unchartered territory.

As to the crossovers, she said it was permissible by law to switch camps.

“Legally, it is right, but some will say that it is morally and ethically wrong because it does not reflect the true desire of the people,” she said.

Ambiga, however, said the recourse for the Pakatan Rakyat government was to challenge the Election Commission’s decision not to call for a by-election, and also to get the court to declare that the resignation letters by the defecting assemblymen were valid.