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AFTER losing Perak to the the DAP-PKR-PAS electoral pact in the March 2008 general election, Barisan Nasional retook the state assembly in February last year after defections from the Pakatan Rakyat alliance.
The decision by Hee Yit Foong (Jelapang), Jamaluddin Mohd. Radzi (Behrang) and Mohd. Osman Jailu (Changkat Jering) to leave the ruling party persuaded the Sultan of Perak to decide that the Barisan has the majority support of the august House. Sultan Azlan Shah refused to dissolve the assembly for fresh elections.
Amid multiple protests, lawsuits and arrests, a new Barisan-led state assembly was sworn in on May 7, with Dr Zambry Abdul Kadir appointed as MB.
But the takeover was ruled illegal by the High Court in Kuala Lumpur four days later and the power was restored to the Pakatan administration, helmed by Mohammad Nizar Jamaluddin.
It was, however, a short-lived victory for Nizar and his band of legislators as the Court of Appeal overturned the High Court's decision on May 22 and returned power back to the Barisan.
Following is the chronology of events surrounding the 'MB vs MB' issue, in the aftermath of the March 2008 political tsunami.
Sultan refused to disband assembly
March 17, 2008: Mohammad Nizar, the state assemblyman for Pasir Panjang and state PAS secretary, was appointed Mentri Besar.
Feb 1, 2009 : Assembly Speaker V Sivakumar announced he had received the resignations of assemblymen Jamaluddin Mat Radzi (Behrang) and Mohd Osman Jailu (Changkat Jering), both from the PKR. The two denied they had quit the assembly.
Feb 3, 2009 : The Election Commission ruled that the two seats had not been vacated and there was no need to have fresh polls for the constituencies concerned.
Supporters of Zambry cheered him outside the Palace of justice after the court ruled he is the rightful Perak MB
Feb 5, 2009 : A statement from the palace said the Sultan of Perak will not dissolve the state assembly and ordered Nizar as well as the rest of the state executive councillors of his administration to vacate their positions.
Feb 6, 2009 :Zambry was appointed the 11th Mentri Besar, replacing Nizar, who had held the post since March 17, 2008. The Barisan officially took over the state assembly.
Feb 13, 2009 : Nizar takes legal action to get a court decision to declare that he is the rightful mentri besar and he also applied for an injunction to stop Zambry from carrying out his duties as the MB.
March 6, 2009 : High Court judge Lau Bee Lan refers the case to the Federal Court to get its clarification on points of law relating to the constitution in the summons that Nizar filed to challenge Zambry's position.
March 23, 2009: The Federal Court ruled that the Nizar vs Zambry case be reverted back to the High Court
Nizar was briefly MB
April 3, 2009 : Nizar is given the “green light” by the Kuala Lumpur High Court to challenge the validity of the appointment of Dr Zambry as the Perak mentri besar following a ruling by judge Abdul Aziz Abdul Rahim that the application filed by Nizar in February was not frivolous or vexatious and that there was a prima facie case to be argued in court.
Nizar (centre, with arms open) thanked his supporters outside the Palace of justice in Putrajaya on Tuesday, following the decision that he is not the rightful Perak mentri besar
May 12, 2009 : Zambry was allowed to stay on as MB until the Court of Appeal resolves his appeal against the High Court decision that favoured Nizar, following Court of Appeal judge Ramly Ali's decision allowing Zambry's ppliation to stay the execution of the High Court ruling
May 22, 2009 : The High Court decision was quashed by the Court of Appeal, which ruled that Zambry's appointment is legal and had followed the constitution.
June 19, 2009 : Nizar files leave application to the Federal Court to challenge the Court of Appeal's decision
Zambry's appointment legal, says court
Nov 5, 2009 : A five-man bench of the Federal Court deferred their decision to Feb 9, 2010 after hearing submissions from both sides.
Feb 9, 2010 : The five-man bench ruled that the appointment of Zambry as the Perak MB, made by the Sultan of Perak, Sultan Azlan Shah, is legal according to the constitution. - Malaysian Mirror
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