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Sunday, August 10, 2014

Impractical for party-less MB to run Selangor, says law lecturer

The state secretariat building which is the headquarters of the Selangor menteri besar. University of Malaya law lecturer Professor Gurdial Singh Nijar said the sacking of Tan Sri Khalid Ibrahim from PKR is a sign that he should resign from his post. – The Malaysian Insider pic by Afif Abd Halim, August 10, 2014.The state secretariat building which is the headquarters of the Selangor menteri besar. University of Malaya law lecturer Professor Gurdial Singh Nijar said the sacking of Tan Sri Khalid Ibrahim from PKR is a sign that he should resign from his post. – The Malaysian Insider pic by Afif Abd Halim, August 10, 2014.
The writing on the wall is clear that Tan Sri Khalid Ibrahim who was sacked from PKR can no longer remain as Selangor menteri besar, says an academic specialising in Malaysian law.
University of Malaya law lecturer Professor Gurdial Singh Nijar said the sacking showed the party lost confidence in Khalid as chief executive of the government.
He said the constitution said the sultan appointed a menteri besar who in his judgment is likely to command the confidence of the majority in the state legislature.
"In reality, the menteri besar is appointed from the party or coalition that has the majority seats in the house," he explained to The Malaysian Insider.
Nijar also said Khalid's position as menteri besar was untenable as PKR, which is in the Pakatan Rakyat (PR) coalition, withdrew their support by sacking him from the party.
He said it was the agreement among PR coalition members (PKR, PAS and DAP) that the Selangor MB came from PKR.
"This is the coalition that has nominated him to be MB. With his sacking by PKR, by extension one could take it that PR has also lost confidence in Khalid," he said.
Nijar (pic) also said the Malaysian prime minister always came from Umno, the dominant party in the Barisan Nasional (BN).
"A prime minister cannot remain in office once his party sacks or withdraws their support for him," he told The Malaysian Insider.
He said the late Selangor menteri besar Datuk Harun Idris resigned from office in 1976 the moment he lost the confidence of Umno.
Nijar said Khalid now had no choice but to tender his resignation together with his executive council.
"It is untenable for Khalid to remain as MB as an independent when his executive council members are from the majority coalition," he said, adding that it would be extremely difficult the run the state administration.
Nijar said Khalid could also advise the sultan to dissolve the assembly to hold a snap polls, but the ruler had the discretion to accede to such request.
"However, there must be a basis for the ruler to acknowledge that Khalid has lost support of the majority and he could also appoint another candidate as MB to run the government."
Or, PR should also quickly make representation to the sultan that Khalid did not enjoy the confidence of the coalition, he added.
He said it was impractical for Khalid to convene a state assembly meeting to test whether he enjoyed the support of the majority assemblymen when he no longer belonged to any party.
"I cannot think of an independent who had successfully led a government with his ministers affiliated to political parties."
Khalid has been facing mounting pressure from the PKR leadership to resign over his handling of Selangor’s affairs.
These included the state’s management of water resources, the Kidex highway and seizure of Bibles in Malay and Iban by the Selangor Islamic Religious Department (Jais).
On Tuesday, he was issued a show-cause letter by PKR for going against the party's decision to replace him with Datuk Seri Dr Wan Azizah Wan Ismail.
Khalid has also refused to appear before the party's disciplinary committee and the party supreme council sacked him last evening.
- TMI

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