2009 Perak Constitutional Crisis - Litigation

Litigation

DAP chairman and Bukit Gelugor MP Karpal Singh issued a notice that he will file a lawsuit against the sultan and the new Barisan Nasional state government for acting beyond the state Constitution. Since the Election Commission had ruled that there was doubt over the vacancy of the state seats of Changkat Jering and Behrang (held by Osman Jailu and Jamaluddin Mohd Radzi respectively) after the pre-signed letters submitted by Assembly Speaker V. Sivakumar in relation to their resignation were contradicted by denials from both assemblymen, it triggered the provision of Article 33 (1). The provision stated that "if any question arises whether a member of the state Legislative Assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final". Mohammad Nizar Jamaluddin also filed an application at the High Court to declare the swearing in of Zambry Abdul Kadir as unconstitutional and illegal.

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