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Revoked excos fight back: Ten ask High Court to void Negeri Sembilan gazette

KUALA LUMPUR, Oct 7 — Ten Negeri Sembilan state executive councillors (excos) have sued the state government in the High Court to challenge the revocation of their appointments,...

Malay MailIda Lim查看原文 ↗
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Ten Negeri Sembilan state executive councillors have filed a lawsuit in the High Court against the state government, challenging the validity of the revocation of their appointments, which was gazetted on September 24.

They contend that the revocation violates the state constitution, as it was enacted without the mandatory advice of the Menteri Besar.

The councillors seek declarations that the revocation is null and void, and demand compensation, while urging the public to refrain from speculation until a court resolution is achieved.

The case centers on whether such revocation powers can be executed solely at the Ruler's discretion.

KUALA LUMPUR, Oct 7 — Ten Negeri Sembilan state executive councillors (excos) have sued the state government in the High Court to challenge the revocation of their appointments, their lawyers said today.

They want the court to declare that the revocation, gazetted on September 24, is invalid.

In a statement, law firm Hafarizam Wan & Aisha Mubarak said the 10 filed the lawsuit on October 5 by originating summons at the High Court in Seremban.

The defendants are the Negeri Sembilan government and the state secretary.

The lawyers said the 10 had filed 10 affidavits in support, while Menteri Besar Datuk Seri Ismail Lasim had also filed an additional affidavit.

“We ask that the public not make any speculation related to this originating summons until it is disposed by the court to prevent sub judice matters from arising,” the firm said.

Yang di-Pertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir, revoked the appointments after stating that the 10 had breached their oath of loyalty, according to the gazette.

The gazette said the revocation took effect on September 20 and was made under Article XXXVIII(5) of the Laws of the Constitution of Negeri Sembilan 1959, which says an exco member other than the Menteri Besar holds office for as long as the Ruler consents.

Ismail has said he was not consulted on the revocation, and that the constitution provides for such a revocation only on the Menteri Besar’s advice.

Attorney General Tan Sri Mohd Dusuki Mokhtar has said the revocation is valid because exco members other than the Menteri Besar hold office at the Ruler’s pleasure.

The 10 are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Datuk Mustapha Nagoor, Siow Kong Choon, Siti Nur Umairah Hashim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali, Suhaimizan Bizar, Mohd Fairuz Mohd Isa and Datuk Razali Abu Samah.

In their statement, the lawyers described them as excos and did not use the term “former excos”.

In a court document seen by Malay Mail today, the 10 are seeking 12 court orders.

They include a declaration that the power to revoke an exco’s appointment must follow the requirements and procedures in the state constitution.

They also seek declarations that the Ruler cannot revoke an exco’s appointment on his own, or at his pleasure alone, without the menteri besar’s advice.

Because the constitution requires the menteri besar’s advice for such a revocation, they argue, the gazette revoking their appointments without it was “null, void and ineffective”.

They also want a direct declaration that the revocation, which was gazetted by the state secretary, is invalid.

The 10 further want the High Court to give directions for an expedited hearing.

They also want compensation in the form of general, exemplary and aggravated damages, with the amount to be decided by the court.

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