MAY 19 – I am asked to advise V. Sivakumar, the Speaker of the Legislative Assembly of the State of Perak, on the constitutionality of his purported removal on May 7, 2009.
1. It is common ground that the Legislative Assembly was summoned that day by His Royal Highness, the Sultan of Perak (“HRH”) pursuant to Article 36(1) of the Constitution of Perak.
It is also not in dispute that the meeting on May 7, 2009 was the First Sitting of the Second Session of the 12th Legislative Assembly of Perak, marking the commencement of the 2nd session of a five-year Parliamentary term.
A. FACTS
2. Sivakumar’s alleged removal must be seen in the context of the extraordinary events that took place on the floor of the Assembly on May 7 2009. As to what occurred, I have relied on the live coverage of the events as reported in Malaysiakini, and the Chronology of Events published in the May 8 issue of the Sun newspaper. Hopefully, a combined reading of these 2 contemporary accounts would present an accurate summary of the facts. The time-line, as I understand it, is set out in Appendix A hereto.
3. From the facts narrated in Appendix A, it is clear that:-
(i) Sivakumar took the Speaker’s chair, Pakatan occupied the government bench (that is, on the right of the Speaker) and BN sat on the opposition bench (that is, on the left of the Speaker) when the Assembly was ready to start proceedings at about 10.00am on May 7;
(ii) The Speaker ordered 10 assemblymen to leave the Assembly;
(iii) The said 10 Assemblymen refused to leave;
(iv) The Speaker therefore did not start the meeting;
(v) The Speaker was forcibly removed from his chair;
(vi) Ganesan purported to act as replacement Speaker, purportedly after being elected;
(vii) Some five hours after the scheduled hour, and after the Speaker’s forced removal, the Raja Muda of Perak (“RM”) delivered the royal address;
(viii) Ganesan thereafter adjourned the sitting sine die; and
(ix) The Assembly has not sat since that adjournment.
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