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The Rakyat Post
PKR vice-president N. Surendran explains that Article 53(6) of the Selangor Constitution states that when the MB ceases to command the confidence of the assembly, he shall tender the resignation to the state executive committee. — File pic
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KUALA LUMPUR, Aug 11, 2014:
The sacking of Selangor Menteri Besar (MB) Tan Sri Abdul Khalid Ibrahim from PKR means he no longer commands the confidence of the majority within the Selangor Legislative Assembly.
In a statement released by PKR vice-president N. Surendran today, he said Article 53(2)(a) of the State Constitution states that the MB must “command the confidence of the majority of the legislative assembly”.
“Based on this, the right and honourable course is for Khalid to seek an audience with the Ruler and resign his position.
“In the meantime, the state exco and government continue to function as usual.
“It is incorrect to suggest that Selangor has no government because of Abdul Khalid’s sacking,” he said.
Surendran explained that Article 53(6) of the Selangor Constitution states that when the MB ceases to command the confidence of the assembly, he shall tender the resignation to the state executive committee (Exco).
Now, since the MB has not tendered his resignation to the Ruler yet, the exco remains intact and functioning.
“There is no constitutional reason for the state exco to resign at present; the sacking of the MB by his party only affects him personally and makes it untenable for him to continue to remain as MB.
Further, Article 53(7) states that the exco shall hold office at the Ruler’s pleasure.
“The sacking of the MB by his party in no way deprives the exco of executive authority or lay any obligation upon them to resign,” said Surendran, who is also Padang Serai Member of Parliament.
It is crucial to note that irrespective of the MB’s situation, the state exco can continue to govern the state.
This is clear from Article 50 of the state’s Constitution which states that the executive authority of the state is exercisable by the Ruler or the state exco.
“Be that as it may, as the MB by virtue of Article 53(2)(a) presides over the state exco, it is important for this matter to be resolved quickly.”
He added, the point to remember here is whereas the Ruler appoints the exco upon advice of the MB, in fact it is the respective PR component parties that decide upon and nominate the state exco members for the Ruler’s consideration.
“Most importantly, it must be understood clearly there is no constitutional or administrative crisis in Selangor as claimed by some quarters.
“The BN has many times changed MB without any suggestion of a constitutional crisis,” he said.
PR now has 43 seats as opposed to BN’s 12.
PR has the legal, constitutional and moral authority to continue to form the government of the state of Selangor, he added.
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