SEREMBAN: Ten Negri Sembilan state assemblymen who were removed as executive council members are taking the matter to court.
The 10 have filed an originating summons at the High Court here challenging the validity of a state gazette notification dated Sept 24, which revoked 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 Monday.
The plaintiffs are seeking a declaration on whether the gazette notification made by the state secretary is valid and effective, given that 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.
The 10 are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Datuk Mustapha Nagoor, Siti Nur Umairah Hashim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali and Suhaimizan Bizar (all of Umno), Datuk Razali Abu Samah (Wawasan), Mohd Fairuz Mohd Isa (PAS) and Siow Kong Choon (MCA),
Their lawyers said the former exco members 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, then 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 should 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 situation raises the question of whether the appointment of a state exco member, apart from the Mentri Besar, can be revoked solely by the withdrawal of the Yang di-Pertuan Besar’s pleasure, without the Mentri Besar’s advice.
They are also seeking a declaration that the gazetted revocation is null, void and ineffective.
They seek general, exemplary, and aggravated damages, court-assessed, with 5% annual interest from the filing date until full payment, plus costs and other relief.
The matter has been fixed for a hearing on Oct 21.
The revocation of the 10 former exco members’ appointments was made official via the 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 on 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 the 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.
