MB v MB Appeal: 3 Questions for the FCT

Date: July 9, 2009

Coram: Alauddin Sheriff, Arifin Zakaria, Zulkefli Makinudin FCJJ

Questions to be decided at the appeal:

1. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, and in the circumstances that:

i. the Menteri Besar of Perak wishes, and has advised for the dissolution of the Perak State Legislative Assembly; and

ii. there was no dissolution of the Perak State Legislative Assembly; and

iii. there was no motion of no confidence taken in and adopted by the Perak State Legislative Assembly against the Menteri Besar of Perak; and

iv. there was no resignation by the Menteri Besar of Perak;

the post of the Menteri Besar of Perak may be and/or has been vacated.

2. Whether, under Article XVI(6) of the Laws of the Constitution of Perak, the determination of the issue of confidence in the Menteri Besar of Perak has to be made by members of the Perak State Legislative Assembly in an Assembly meeting on a vote of no confidence, or by means other than by a vote of no confidence in the Perak State Legislative Assembly as to whether the Menteri Besar commands the confidence of the majority of the members of the Perak State Legislative Assembly.

3. If the Menteri Besar refuses to tender the resignation of the Executive Council, whether, under the Laws of the Constitution of Perak, a Menteri Besar may be dismissed from office or the Menteri Besar’s post be deemed vacant or vacated?

Tags: Article XVI (6) of the Laws of the Constitution of Perak, Executive Council, Menteri Besar, Perak State Legislative Assembly, dismissed, motion of no confidence, vacant, vacated

Posts by Edmund Bon Tai Soon

Life's a sufferance. Lawyering a bore. As Edmund continues various escape techniques to be rid of Lord Bobo’s influence, he crusades with UndiMsia! movers to build strange youth love movements around the country. And so he tweets @edmundbon and practises the black magic art of advocacy at www.BONadvocates.com

Posted on 9 July 2009. You can follow any responses to this entry through the RSS 2.0.

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