PUTRAJAYA: The Federal Court has set Dec 16 to hear a legal bid by 10 former Negeri Sembilan State Executive Council (Exco) members to challenge the state ruler’s decision last month to revoke their appointments.
Lawyer Datuk Wira Mohd Hafarizam Harun, representing the former Exco members, and lawyer Marisa Regina Mohd Aris Rizal, representing the Negeri Sembilan government, confirmed the hearing date when contacted by Bernama after a case management session before Deputy Registrar Azaraorni Abd Rahman.
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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 filed a notice of motion on Oct 14, naming the Negeri Sembilan State Secretary and the state government as respondents.
Through the notice of motion, they are seeking a determination by the court on three legal questions concerning the interpretation and effect of provisions in the 1959 Negeri Sembilan State Constitution. The questions arose from an originating summons they filed at the Seremban High Court.
On Oct 5, they filed an originating summons at the Seremban High Court to challenge the validity of the gazette notification revoking their appointments as members of the Negeri Sembilan State Exco.
One of 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 State Constitution, authorises the Yang Dipertuan Besar to revoke the appointment of an Exco member without the advice of the Menteri Besar.
If the answer is no, they seek a determination on whether the revocation of the Exco appointments, as gazetted on Sept 24, was carried out in accordance with the state constitution and whether the revocation is null, void and of no legal effect.
Another question is whether Article 38(5), read together with Article 28(1) of the state constitution, implies that the term Raja Pemerintah (Ruler) refers to the Yang Dipertuan Besar, thereby vesting him with the authority to revoke the appointment of an Exco member at his discretion, without the advice of the Menteri Besar.
If the answer to this question is no, the court must determine whether their dismissal was contrary to the state constitution.
On Sept 20, the Negeri Sembilan Palace announced that the Yang Dipertuan Besar, Tuanku Muhriz Tuanku Munawir, had revoked the appointments of the 10 Exco members with immediate effect.
The revocation was gazetted on Sept 24, with their removal taking effect from Sept 20.
The gazette stated that their appointments had been revoked and annulled because they had violated their pledge of allegiance to Tuanku Muhriz by agreeing to his removal as the Yang Dipertuan Besar.