02 March 2009

Perak Emergency Assembly Meeting Illegal


KUALA LUMPUR, March 1 -- The move by the Perak state assembly speaker V. Sivakumar to call for an emergency assembly meeting on Tuesday "was illegal and could not be held without the Sultan of Perak's consent."

State assembly secretary Abdullah Antong said: "Standing Order 8(1) read with Article XXXVI(1) of the Perak state constitution says the Sultan's consent is needed for a state assembly meeting whether in normal or emergency situations."

He said this is in a press release to comment on Sivakumar's statement on Thursday that he would call for an emergency state assembly meeting to discuss two motion notices he received relating to the power transition crisis in the state government.

Abdullah said he had received instruction from Sivakumar to issue urgent notice for the Tuesday emergency assembly through a letter from Sivakumar dated Feb 25 which was accompanied by motion notices by state assemblyman for Teja and Titi Serong.

He said even though it was an emergency assembly meeting "in any situation I have to send a written notice accompanied by a proclamation calling for an assembly meeting to all assemblymen calling their attention to the proclamation.

"The proclamation for a state assembly meeting is made by the Sultan. This is based on Standing Order 1 that reads 'the State Assembly Secretary must read out the Proclamation of the Sultan of Perak to call a meeting..'

"Whereas Standing Order 10(1) says 'the State Assembly term is at a time and place as determined by the Sultan of Perak from time to time through gazetted proclamation," he said.

He said based on Standing Order 10(1) the absolute power was the Sultan of Perak's and could not be questioned.

"This is because Article XXXVI(1) of the Perak State Constitution gives clear powers to the Sultan of Perak to convene a state assembly meeting," he said.

He said Article XXXVI(1) provided "His Highness must from time to time convene the State Assembly and could not let six months pass from the last meeting in one sitting to the next meeting."

Abdullah said the provisions above were constitutional provisions that were the supreme laws in Perak and clearly showed that the power to call for a state assembly meeting rested with the Sultan of Perak.

Last Thursday, Sivakumar received two motions, the first from Titi Serong assemblyman Khalil Idham Lim Abdullah of Pas for the state assembly to support Datuk Seri Mohammad Nizar Jamaluddin as menteri besar and the second motion from Chang Lih Kang (PKR-Teja) calling for the state assembly to be dissolved to pave the way for a fresh state election.

Sivakumar had said the emergency assembly did not need earlier consent of the Sultan of Perak as only a 14-day notice was needed for normal assembly meetings and not for emergency meetings and that instructions had been given to Abdullah to send notices as soon as possible to all state assemblymen to attend the meeting.Bernama

MN: This Sivakumar fellow is really trying his luck. Even pushing the rules to the limit in PR favor. But sorry the game is over. Blame it on Anwar PR paramount leader who is the Master and Guru on frogs and crossovers .


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