PUTRAJAYA: The Federal Court will hear on Dec 16 a legal challenge by 10 former Negri Sembilan state executive council (exco) members against the state ruler's decision to revoke their appointments last month.
Lawyer Datuk Wira Mohd Hafarizam Harun, representing the former exco members, and lawyer Marisa Regina Mohd Aris Rizal, representing the Negri Sembilan government, confirmed the hearing date after case management before Deputy Registrar Azaraorni Abd Rahman.
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 the notice of motion on Oct 14 and named the Negri Sembilan State Secretary and the state government as respondents.
Through the application, they are seeking the Federal Court's determination on three legal questions concerning the interpretation and effect of provisions in the Negri Sembilan State Constitution 1959.
The questions arose from an originating summons they filed at the Seremban High Court.
On Oct 5, they filed the originating summons to challenge the validity of the gazette notification revoking their appointments as state exco members.
One question is whether Article 38(5), read together with Articles 38(2), 38(3), 38(4), 40(1), 40(1A) and 40(2) of the state constitution, authorises the Yang Dipertuan Besar to revoke an exco member's appointment without the advice of the menteri besar.
If the answer is no, they want the court to determine whether the revocation, gazetted on Sept 24, was constitutional and whether it is null, void and without legal effect.
Another question is whether Article 38(5), read with Article 28(1), means that the term Raja Pemerintah (Ruler) refers to the Yang Dipertuan Besar, giving him the discretion to revoke an exco member's appointment without the menteri besar's advice.
If the answer is no, the court must determine whether the former exco members' dismissal contravened the state constitution.
On Sept 20, the Negri 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 were revoked and annulled because they had breached their pledge of allegiance to Tuanku Muhriz by agreeing to his removal as the Yang Dipertuan Besar.
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