yay!!! bn kena tembak kao kao...

perak declated opposition state again... yay!... the below text (in blue is from nst online) explains the court decision. lazy to read can skip, but recommended coz interesting to read la... coz the judge shoot bn... shoot inspector general... and "commented" on the sultan's actions. haha... little commentary at the bottom (in green)...

KUALA LUMPUR: The High Court has reinstated Datuk Seri Mohammad Nizar Jamaluddin as Perak menteri besar.

Following the ruling, Pa-katan Rakyat state executive councillors will get back the jobs they lost on Feb 6 when Datuk Dr Zambry Abdul Kadir was appointed menteri besar.

Judge Datuk Abdul Aziz Abdul Rahim said when a menteri besar left office, his exco followed suit.

The gist of Aziz's judgment was that only through a vote of no-confidence could a chief executive be removed.

He said that since Nizar had not resigned, his position had not been vacated.

Aziz said he needed to only look at Article 43(4) of the Federal Constitution to interpret Article 16 (6) of the Perak Constitution as both provisions were identical. "Since the articles are unambiguous, the words need only be given a plain meaning," he said.

Aziz said Nizar went to Istana Kinta on Feb 4 to meet the sultan and ask him to dissolve the house under Article 36(2) of the state's Constitution to facilitate fresh elections.

Also present during the audience was state legal adviser Datuk Ahmad Kamal Md Shahid. Ahmad Kamal had later, in an affidavit filed in support of Zambry, disputed this fact, saying that Nizar had sought the dissolution of the assembly under Article 16 (6).

Aziz said it would be reasonable to think that Nizar had been appealing to the sultan to dissolve the house under Article 36(2) as there was no clear majority in the house.

Aziz's decision was in line with the ruling in the celebrated case of Stephen Kalong Ningkan v Tun Abang Haji Openg where the High Court in 1966 said the test whether a chief minister had ceased to command the confidence of the majority was in the house and not outside.

haha...this is so so so interesting... sultan azlan... a lawyer and was lord president and supposedly a constituitonal expert before he became sultan. probably his constitutional expert power diminished as he took the position of sultan la... thats why he made such a mistake... anyway... below is from ft.com. must read... haha... coz i think its not malaysian based so can "comment" on the sultan's actions.

from ft.com: The court’s ruling is embarrassing to Sultan Azlan Shah, Perak’s royal ruler, who decided to appoint a National Front member as chief minister, replacing Mr Nazir, after the defections. The high court said the sultan should not have made the appointment in the absence of a vote of no confidence by the state assembly against Mr Nazir.

thats all for today la...