No new MB...until current MB tenders resignation of the MB and State Exco..mmm

The law is clear ...that it is not automatic that Menteri Besar and the Executive Council is deemed vacant once the Sultan refuses the request to dissolve the Legislative Assembly..

There is no question about the swearing in of any new Menteri Besar ....until the current Menteri Besar resigns.

And as mentioned earlier, there is no time limit stipulated in the law. Neither did the Sultan state a time frame by which the Perak Menteri Besar is to tender his resignation.

Thus that letter to return keys, etc by the "...State secretary Abdul Rahman Hashim instructs Menteri Besar Mohd Nizar, all exco members and their aides to vacate their offices at the state secretariat as soon as possible. They have been reminded not to take any official documents with them. They were also told to hand in their official car keys as well as the keys to their offices..." may also not be right.- malaysiakini, 5/2/2009, Perak sultan: No dissolution of assembly (Live Reports)

The taking over over the State Secretariate by the police may also be wrong...

(4:21pm) Police and FRU have taken over the State Secretariat building. Once Sultan Azlan Shah declared the Mentri Besar and excos must step down, the state secretary sent letters to all excos telling them to surrender their belongings, such as keys and cars etc. He also went to the offices of the excos and told all their personal assistants to leave immediately. malaysiakini, 5/2/2009, Perak sultan: No dissolution of assembly (Live Reports)

The MB wants to make ask the Sultan to re-consider earlier decision not to dissolve the State Legislative Assembly - nothing in the law that states that he cannot do that, and of course, HRH has the full authority to change his mind.

There is yet no person who do command the confidence of the majority of the members of Assembly - for, if there was then the Sultan would have mentioned this. The BN is still not sure who will be the MB.

This is not a situation after the General Elections - this is different. How does the Sultan decide on the person ' who do command the confidence of the majority of the members of Assembly' - surely he must again meet all of them.

It seems that the jearlier meeting of all that ADUNs was to determine the fact that the present MB no longer 'commanded the confidence of the majority of the members of Assembly...'

Hence, after the resignation of the present MB (together with the Executive Council) - only then do we move to the next step - of getting an MB, and HRH the Sultan may have to meet up with all the ADUNs to get their indiocation of who they support to be MB.

Nothing can move now until the current MB tenders his resignation...mmm

For all intents and purposes the current MB is still the MB of Perak...

The law needs to be clarified - and maybe, there must be amendments to the State Constitution to make things clear...

Same with our Federal Constitution - Abdullah Ahmad Badawi may not want to resign after March 2009 - and what can Najib do...mmm

Charles Hector

The conflict in northern Sri Lanka has raged on for most of the last 25 years, forcing millions of Tamils to seek refuge abroad.

Al Jazeera's Azhar Sukri reports on the impact of the conflict on the Tamil community in Malaysia.



The plight of civilians trapped between the opposing forces of the Sri Lankan army and the Tamil Tigers is causing increasing concern in the international community.

There are calls for camps housing people fleeing fighting in northern Sri Lanka to to be run by civilians and not the military.

Despite civilians being kept in a 'no fire zone', it has been reported that between 120,000 and 350,000 civilians are caught in the conflict zone. The Internatioanl Red Cross says at least 300 civilains have been killed so far.

Al Jazeera's Tony Birtley has more from Colombo.



Sri Lanka's government says its troops will resume their offensive against Tamil Tiger fighters now that a unilateral 48-hour ceasefire has ended.

The lull was designed to allow civilians trapped by the fighting time to leave the combat zone.

Al Jazeera's Tony Birtley travelled with the military to the notheast of the island.



The military has claimed victory over key Tamil Tiger areas in northern Sri Lanka including Mullaitivu, the last separatist stronghold in one of the world's bloodiest conflicts.

Al Jazeera's Tony Birtley reports from the conflict zone in the north.



Sri Lanka's government says they have cornered in the Tamil Tiger fighters in a 300 sq km stretch of land of northeastern coast.

Al Jazeera's Tony Birtley reports on the heavy violence that has been intensifying inside the jungle bases where LTTE rebels have been hiding.



While Sri Lankan government troops hope to wrap up a decisive battle with the Tamil Tiger rebel fighters, civilians in areas under LTTE control are in serious danger.

The government has meanwhile pushed the rebels into a small corner in the northeast of the country, where vicious fighting is now taking place.

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.

YOUR MAJESTY, WE THE RAKYAT VOTED FOR PAKATAN RAKYAT AND NOT FOR 3 INDEPENDENTS!

The March 8 Tsunami saw the Rakyat voting in Pakatan Rakyat as we had enough of BN. The 3 'Independent' Assemblymen better remember that the Rakyat did not vote for them but for Pakatan Rakyat. HRH Sultan Azlan Shah have to bear this in mind and also the fact that Perak has a hung State Assembly with BN and PR having 28 seats each. You can't include the 'Independents' in this equation. The right thing to do is to dissolve the State Assembly and have a snap election in Perak.

The only reason why the 3 Traitors who call themselves as 'Independents' are not in BN is because they don't want to be seen as been bought over by Najib. Only an idiot will buy their crap that they are Independent. If this is so, then HRH Sultan Azlan Shah must allow the Perak State Assembly to be dissolved to pave the way for a snap election. Former Perak Menteri Besar (Chief Minister ) Tajol Rosli must be grinding his teeth now knowing that he was royally screwed by Najib by making him the fall guy for the 'defection' of the Bota Assemblyman. By the way, Tajol is PM Badawi's man. Najib had it all planned out. He had already 'secured' the 3 'Independents'. All he had to do was to get rid of Tajol Rosli and take over as Perak BN/Umno head.

Now, Najib can gloat and claim credit that he single handedly got Perak back for the Evil BN/Umno regime. Najib needed this 'victory' badly because his popularity within Umno was down the dumps with Muhydeen Yassin breathing down his neck especially the humiliating defeats BN/Umno suffered at the hands of Pakatan Rakyat in Permatang Pauh and Kuala Terengganu. Najib and BN/Umno know that BN/Umno will be trounced if they have to face PR in a snap election in Perak now.

The Scribe is very sad that the Assemblyman from Jelapang, Hee Yit Foong (picture above) who came out from the DAP to be an Independent aligned to BN. Hee was a beacon of hope and pride for all women and disabled persons in Malaysia and also the world for being elected as a Deputy Speaker in the Perak State Assembly. Sadly, she has sold her soul to the Devil and forgot the blessings God had showered upon her. Her denials has also made her a pathological liar just like MCA's Ong Tee Keat who was behind her frog jumping act.

The Rakyat must not sit back and allow what happened in Sabah to repeat itself in Perak. Your Majesty, please consent to dissolve the Perak State Assembly. DAULAT TUANKU!!!

by MarGeeMar

Ku Li: Not right way to take power

Umno veteran Tengku Razaleigh Hamzah has warned party leaders that gaining the Perak state government without resorting to elections would result in enmity of the Perak voters come the next general election.

MCPX

Razaleigh, who is also Gua Musang MP, said Umno and BN should try and win the hearts of the people and not gain the government by dubious means.

“If the Ruler decides not to accede to the MB’s request for the dissolution of Parliament, and BN is invited to form a state government on the basis of these dubious crossovers, I think it would anger a large section of the Malaysian public,” said the Kelantan prince in his blog.

“Our taking control without resorting to elections would cement the enmity of the very people we should be trying to win back at the next election. Come the next general election, they are likely to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak.”

Calling the BN celebration as “premature”, Razaleigh said the constitution states the role of the Ruler in crisis must be respected.

He said the Sultan of Perak is sworn to uphold and protect this constitutional process and the Ruler’s powers and those of the legislative assembly act as checks and balances on each other to prevent abuse of power.

“Defections are not the basis for the formation of a government. Elections are.”

“Governments are formed after citizens have expressed their choice through free and fair elections. Our constitution specifies a formal process for the formation of a government,” said the Gua Musang MP.

Yesterday, Deputy Prime Minister Najib Abdul Razak, who is the newly-appointed Perak BN chief, called on Menteri Besar Mohd Nizar Jamaluddin and the Pakatan Rakyat-led government to step down.

Umno in critical condition

This follows three assemblypersons, Jamaluddin Mohd Radzi (PKR-Behrang), Osman Jailu (PKR-Changkat Jering) and Hee Yit Foong (DAP-Jelapang), declaring they are independent BN-friendly representatives.

Nasaruddin Jamaludin who left Umno last week to join PKR has now rejoined Umno after 10 days.

Razaleigh said there is also ethical and political issues which has to be resolved.

Describing Umno as in critical condition, he said its biggest challenge both as a party and as the governing party is to tackle corruption at every level.

“We are under close public scrutinity in addressing this problem. Unless we implement radical reforms and are seen to be doing so, we are finished politically come next election,” he said.

The Kelantan prince questioned the calibre of the four elected representatives for the switch especially the two former PKR representatives who are charged with corruption.

“It is precisely this kind of open abuse of the public’s trust for the sake of personal gain that causes people to hate Umno.”

“The circumstances of these defections, complete with mysterious dissapearances, sudden reversals, and weak explanations show ample signs of illegal inducement.”

Razaleigh said no matter what the truth of the matter is, let us not fool ourselves.

“People will not believe these crossovers were honest. This mistrust will taint any government formed on the back of these crossovers. Elections are the sole source of the government’s authority in a democratic society and in the end we shall have to face elections,” he said.

Peeved with president, Indian business group leaders quit

Three principal office-bearers of the Malaysian Associated Indian Chamber of Commerce and Industry (Maicci) have resigned with immediate effect.

According to a source, the trio had tendered a joint resignation letter yesterday in protest of Maicci president KK Eswaran's recent media statement condemning critics of the government.

However, the joint resignation letter from secretary-general S Rengasamy, assistant-secretary Suresh Kumar Gorasia and treasurer S Tamil Selvam did not make any reference to this.

"This painful decision is taken by us after being unable to discharge our charter responsibilities of representing Maicci as the paramount body involved in the preservation of the business interests of the Malaysian Indian community," read the one-page letter, a copy of which was obtained by Malaysiakini.

Attack on Hindraf chief

Maicci has come under a lot of heat following Eswaran's attack on the Hindu Rights Action Force and Human Rights Commission of Malaysia (Suhakam) commissioner Dr Denison Jayasooria.

Claiming to be speaking in the interest of the Indian community, the businessman had also said that the public must stop thinking that the government should "spoon-feed" Indians with opportunities and embark on their own efforts to improve their wealth.

Among others, he had blasted self-exiled Hindraf chairperson P Waythamoorthy for being ungrateful to the land he calls home and the land that he has made his living.

Eswaran was referring to Waythamoorthy's stint in India during the Pravasi Bharatiya Divas Convention in Chennai, where the Hindraf leader had declared that Malaysian Indians are ill-treated and marginalised.

As for Denison, the Maicci president criticised the Suhakam commissioner for claiming that government efforts to uplift the Indians were delayed and for asking the Indian government, during the convention, to send a task force to survey the situation of local Indians.

Eswaran is known to be a close associate of incoming premier Najib Abdul Razak.

Text messages making the rounds

Meanwhile, the source claimed that during the last Maicci council meeting, the president was told to get the permission of the executive council before making any statements to the media.

"However, he did not do this. His recent statement has caused a lot of problems and there is much disgruntlement on the ground with text messages flying about," he added.

Since making the statement, text messages have been making the rounds condemning Eswaran and demanding for his resignation.

Apart from this, the source said the Kuala Lumpur/Selangor Indian Chambers, Perak Indian Chambers, Malacca Indian Chambers, Kedah Indian Chambers and the Sabah Indian Chambers were also expected to "move some resolutions" pertaining to this matter.

"The Kuala Lumpur/Selangor Indian Chambers is also mulling calling upon its representative in Maicci to quit," he added.

Valga HINDRAF Makkal SAKTHI