PUTRAJAYA: The Federal Court has tentatively fixed Dec 16 to hear a constitutional challenge by 10 former Negeri Sembilan state executive council members over whether the Yang Dipertuan Besar can revoke their appointments without the menteri besar’s advice.
The date was set by deputy registrar Azaraorni Abd Rahman following a case management session attended by the parties.
However, the hearing may not proceed if the state secretary and state government succeed in their bid to strike out the suit in the Seremban High Court.
Lawyers for the two respondents informed Azaraorni that they intended to challenge the validity of the originating summons, arguing that the 10 former exco members should have initiated their legal action through a judicial review instead.
High Court judge Roz Mawar Rozain is scheduled to hear the application on Nov 16.
The 10 former exco members filed the originating summons in the Seremban High Court on Oct 5 through Messrs Hafarizam Wan & Aisha Mubarak, naming the Negeri Sembilan state secretary and state government as respondents.
They are seeking a declaration that the state gazette revoking their appointments is null and void. They are also seeking damages, including exemplary and aggravated damages.
In a notice of motion filed at the Federal Court on Oct 14, they asked the apex court to determine whether Tuanku Muhriz Tuanku Munawir’s revocation of their appointments, which took effect on Sept 20 and was gazetted four days later, was constitutional.
They also want the court to clarify whether the phrase “at the ruler’s pleasure” in the state constitution gives the ruler unrestricted power to revoke their appointments without regard to other constitutional provisions governing the exercise of royal powers.
The 10 former exco members lost their positions after Tuanku Muhriz revoked their appointments following their claims that his removal in April was legitimate and their assertion that Tunku Nadzaruddin Tuanku Ja’afar had become the new ruler.
The palace regarded their actions as inconsistent with their oath of loyalty to the ruler and the royal institution.
The Federal Court’s determination will depend on whether the originating summons survives the challenge at the High Court.
In today's proceedings, Abdul Rashid Ismail, Siti Nurani Zahidi and Yong Yue Lu appeared for the state secretary, while Marisa Regina Aris Rizal represented the state government.
Norhazira Abu Haiyan acted for the 10 former exco members.