Law expert: Vote of o confidence should be passed against MB in assembly

By Maria J.Dass

PETALING JAYA: Datuk Seri Nizar Jamaluddin's refusal to step down as Mentri Besar (MB) as instructed by the Sultan is legitimate as Article 16 of the Perak Constitution states that the MB has to tender his resignation if he no longer commands the support of the majority of members of the state legislative assembly, Constitutional law expert, Prof Dr Shad Saleem Faruqi said.
Asked if this meant that he was still legally the MB until the state legislative assembly convened, he said: "Personally I think the assembly should meet and then pass a vote of no confidence against him."
The MB also has a right to challenge the Sultan's orders for him to step down, he added."Right now there is a grey area as there is no vote of no confidence against the MB," Shad said.
The assembly has up to 60 days to be convened from the last meeting and the MB can wait to do so, he said.
"When the assembly convenes, and a vote of no confidence is passed, then at least the lack of confidence in the MB can be proved," he said.
Describing the current takeover of the state by Barisan Nasional (BN) as a backroom manoeuvre he said: "It is not tasteful."
"Things should be done in accordance with the law, democracy and the constitution," he added."Of course some people may argue and say that you can declare this loss of confidence towards the MB from outside the state assembly."
"So would you consider it valid if you make the declaration say from your yard, the supermarket or the park?" he asked.
Asked about the manner in which the take over was being carried out with the police and Federal Reserve Units (FRU) being called in to get the present executive councilors and their officers to vacate the state secretariat building, Shad described it as "sad and ugly".
"This is something that the law does not cover, the law does not cover everything," he said.
"This is an extraordinary situation," said Shad, stressing that he was in no way taking sides but commenting from a purely legal and personal point of view.