Ten former Negeri Sembilan exco members have petitioned the Federal Court to challenge the constitutionality of the ruler’s decision to revoke their appointments
PUTRAJAYA: Ten former Negeri Sembilan state executive council (exco) members have filed an application in the Federal Court seeking to challenge the state ruler’s decision last month to revoke their appointments.
The 10 are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Mustapha Nagoor, Siow Kong Choon, Siti Nur Umaira Hasim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali, Suhaimizan Bizar, Datuk Mohd Fairuz Mohd Isa and Datuk Razali Abu Samah.
They named the Negeri Sembilan state secretary and the state government as respondents.
They filed the notice of motion on Oct 14 this year through law firm Messrs Hafarizam Wan & Aisha Mubarak.
In the notice of motion, they want the Federal Court to determine three questions concerning the effect and interpretation of the provisions of the Negeri Sembilan State Constitution, which have arisen in their originating summons filed in the Seremban High Court.
On Oct 5 this year, they filed the originating summons to challenge the validity of a gazette revoking their appointments as exco members.
In their originating summons, they raised several constitutional questions.
Among the questions is whether Article 38(5), read together with Articles 38(2), 38(3), 38(4), 40(1), 40(1A) and 40(2) of the Negeri Sembilan Constitution, allows the Yang Dipertuan Besar to revoke the appointment of an exco without the Menteri Besar’s advice.
If the answer to that question is negative, whether the revocation of the exco members’ appointments, as gazetted on Sept 24 this year, was done in accordance with the Laws of the Constitution of Negeri Sembilan 1959 and therefore null, void and ineffective.
Another question is whether, under Article 38(5), read together with Article 28(1) of the Negeri Sembilan Constitution, the expression “Ruler” shall mean the Yang Dipertuan Besar alone at his pleasure can revoke the appointment of an exco without the advice of the Menteri Besar. If the answer to the above is in the negative, whether their dismissal is unconstitutional.
On Sept 20, the Negeri Sembilan palace announced that the Yang Dipertuan Besar, Tuanku Muhriz Tuanku Munawir, had revoked the appointments of the exco members with immediate effect.
The revocation of their appointments was gazetted on Sept 24, with their removal effective Sept 20.
The gazette stated that their appointments were revoked and annulled because they violated their pledge of allegiance to Tuanku Muhriz when they agreed on Tuanku Muhriz’s removal as the Yang Dipertuan Besar.
A case management is scheduled before the Federal Court Deputy Registrar today.