Why submit 3 names for post of Selangor MB, lawyer asks Wan Azizah
V Anbalagan | June 22, 2018
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Lawyer R Kengadharan says strict adherence of the Selangor constitution is necessary if one is determined to uphold rule of law.
By right, only one name should have been submitted as Selangor menteri besar for the Ruler’s approval, claims lawyer. (Facebook pic)
PETALING JAYA: A lawyer has questioned why PKR president Dr Wan Azizah Wan Ismail submitted three names to the Sultan of Selangor to choose a candidate for the post of menteri besar
R Kengadharan said the move would be inconsistent with the spirit of the Selangor state constitution to appoint a candidate for the position.
“Strict adherence of the constitution is necessary by all parties if one is determined to uphold the rule of law,” he told FMT.
Kengadharan said Wan Azizah should also reveal the other two names proposed to be appointed menteri besar.
He said the move to submit three names was unprecedented and a clear departure from the intention of the state constitution.
“This kind of practice should not be condoned as Section 53 (2) (a) of the constitution states the Ruler appoints a menteri besar to preside over the state executive council a member who in his judgment commands the confidence of the majority of assemblymen,” he said.
The lawyer said Wan Azizah should not have offered three names who allegedly command the support of the assemblymen in the 56-member legislature.
“Only one name should have been presented. Even if the Ruler makes a wrong choice, a vote of no confidence can be taken against the menteri besar,” he said.
Kengadharan said it was public knowledge that the federal Pakatan Harapan had only nominated Dr Mahathir Mohamad as the prime minister although the king had interviewed leaders of the four component parties.
“The provision in the Selangor constitution is also similar to Article 43 (2) (a) of the Federal Constitution in the appointment of a prime minister.”
Kengadharan said this in response to a statement by the Selangor palace that the appointment of Amirudin Shari as the new menteri besar was made in accordance with the constitution of Selangor.
A statement in the Facebook account of the Selangor royal office said Wan Azizah had, in a letter to the Ruler on June 7, nominated three people, including Amirudin, the Sungai Tua assemblyman, to succeed Mohamed Azmin Ali as the menteri besar.
“In the letter, Dr Wan Azizah sought the consent of His Royal Highness to select any of the candidates which His Royal Highness felt was eligible, in accordance with the Constitution of Selangor, to be sworn in as the menteri besar,” the statement said.
Amirudin succeeded Azmin, who has been appointed as economic affairs minister in the federal Cabinet.
Ijok assemblyman Dr Idris Ahmad, of PKR, had claimed he was the only candidate preferred by the four component parties of PH as the menteri besar and that Amirudin only had the backing of Azmin.
In the May 9 election, Selangor PH secured 51 seats, Umno 4 and PAS 1.
