SEREMBAN: Ten former Negri Sembilan executive council members have filed an originating summons at the High Court here challenging the validity of a notification in a Sept 24-dated state gazette regarding the revocation of their appointments.
Their lawyers, Messrs Hafarizam Wan & Aisha Mubarak, in a statement, said the summons was filed against the Negri Sembilan state secretary and the state government on Oct 5.
The plaintiffs are seeking a declaration from the High Court on whether the gazette notification made by the state secretary is valid and effective when the revocation of their appointments by the Yang di-Pertuan Besar of Negri Sembilan was made without the advice of the Mentri Besar.
This, they said, was required under Article XXXVIII(5), read together with Articles XL(1), XL(1A), and XL(2) of the Laws of the Constitution of Negri Sembilan 1959.
"The originating summons is filed together with 10 supporting affidavits from all the plaintiffs and an additional affidavit from the Mentri Besar of Negri Sembilan.
"We urge the public not to make any speculations regarding this until it is disposed of by the court to avoid any sub-judice issues from arising," the law firm said.
The 10 plaintiffs 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.
Their lawyers said the former excos were seeking, among other things, a declaration on whether the gazette issued by the state secretary was valid and enforceable.
They are seeking a declaration that if it was not done in accordance with the state laws, the revocation of their appointments by the state ruler was null, void and ineffective.
The plaintiffs are seeking a declaration that Article XXXVIII(5) of the Laws of the Constitution of Negri Sembilan 1959 is to be read together with Articles XXXVIII(2), XXXVIII(3), XXXVIII(4), XL(1), XL(1A) and XL(2) that the power to revoke the appointment of an exco member other than the Mentri Besar, must be exercised in accordance with the constitutional requirements and procedure as provided in the state laws.
This brings to question if the appointment of a member of the state exco, other than the Mentri Besar, can be revoked merely by the withdrawal of the Yang di-Pertuan Besar's pleasure alone without the advice of the Mentri Besar.
They are also seeking a declaration that if this was not the case, then the revocation gazetted in the Government of Negri Sembilan Gazette NS PU 18 dated Sept 24 is null, void and ineffective to the plaintiffs.
They are also among others seeking general, exemplary and aggravated damages to be assessed by the court, interest on damages at the rate of 5% per annum from the date of filing until full and final satisfaction of the same, costs and other reliefs
The matter has been fixed for hearing on Oct 21.
The revocation of 10 former exco members was made official via a Sept 24-dated state government gazette issued upon Tuanku Muhriz's order.
Their removal took effect on Sept 20.
According to the Negri Sembilan Palace, the 10 were removed after they were found to have violated their oath of office by their actions on Sept 15 when they agreed to Tuanku Muhriz's removal as the Yang di-Pertuan Besar.
The 10, had in a press statement issued on Sept 16, said an April 19 proclamation removing Tuanku Muhriz under Article 10 of the state laws had been signed and sealed by the lawful Undang (ruling chiefs) and became complete when Mentri Besar Datuk Ismail Lasim signed it on Aug 3.
They said Tunku Nadzaruddin Tuanku Ja’afar was now the Yang di-Pertuan Besar, replacing Tuanku Muhriz.
