Nizar-Perak-Sivakumar: Peluang Nizar jadi MB Semula tertangguh hingga 22 Oktober depan

Mahkamah hari ini menundah keputusan permohonan V Sivakumar mengenai keputusannya mengisthirkan 3 DUN Kosong ekoran melompatnya dan keluarnya 3 DUN Pakatan dan seterusnya menyokong UBN.

Mahakamah akan membuat keputusan pada 22 Oktober depan apakah V Sivakumar betul. Jika permohonan V Sivakumar dibenarkan oleh mahakamah , maka Nizar ada peluang lagi jadi MB kerana kedudukan DUN adalah seimbang. Terserah kepada Sultan Perak memberi perkenaan, yang manakah patut memerintah Perak. Ada kemungkinankah Tuanku memberi perkenaan pembubaran DUN untuk membolehkan pilihanraya?.

Dalam kedudukan Negri Perak sekarang, difikirkan perlu bagi mengembalikan kuasa kepada rakyat untuk menentukan kerajaan mana pilihan mereka. Membiarkan keadaan sekarang yang menurut Nizar dan penyokongnya adalah kerajaan yang ditubuhkan bukan melalui pilihanan rakyat, melainkan melalui cara kudeta.

Keputusan Mahakamah tinggi adalah seperti berikut:


The High Court will deliver its decision on ousted Perak Speaker V. Sivakumar’s leave for application for judicial review against the Election Commission (EC) on October 22.

Sivakumar’s lawyer told reporters that both lawyers clarified whether the Speaker can accept the resignation of the three assemblymen.

“The Federal Court decided only the Election Commission can declare a seat to be vacant so we agreed but the Federal Court also said that the Speaker also has the right to accept the resignation letters so the issue is what does this phraseology mean? “Does it mean that the Speaker can actually make his mind up to accept the resignation of the assemblymen or the Speaker accepts the resignation letter in the sense that he is the postman? “Whether the Speaker can accept the resignation of the assemblymen or not? We feel under the constitution of

Perak, he has the right to do that and there are certain statements in the Federal Court judgment which seem to support our position,” he explained. He added the Speaker has the right to ask the court to enquire about the EC’s decision even though he does not have the power determine the status of the seat.

“We contend that they (EC) did not exercise the discretion of their powers properly. It was an unreasonable and irrational decision,” he said. Razlan also stressed that the issue of vacancy is no longer an issue because it has been decided by the Federal Court.

In his application, Sivakumar had named State assemblymen Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering), Hee Yit Foong (Jelapang), and the EC as respondents. All three assemblymen had denied resigning and alleged their signatures on the resignation letters held by Sivakumar were forged.

The EC decided that the resignation letters were invalid, allowing the incumbents to retain their seats. Perak Pakatan Rakyat has accused the EC of acting beyond its powers in Perak, specifically usurping the rights and powers of Speaker Sivakumar to determine that resignations had taken place.

The EC’s refusal to declare the Behrang, Changkat Jering and Jelapang seats vacant led to the downfall of the Perak PR government in February when the three assemblymen declared themselves independents and supported BN to form a new state government. Both BN and PR have 28 seats each in the Perak state assembly, and the three, who resigned from PKR and DAP, tipped the balance in favour of BN.

Sivakumar and his lawyers argued that the apex court did not declare the resignation letter invalid, which means that technically there are legal loopholes available for them to prove that the three had indeed resigned. The judicial review is to challenge the EC’s decision in not declaring the three seats vacant for by-elections despite being having been declared vacant by then-Speaker Sivakumar.