The Selangor Sultan has a legal duty to intervene in Menteri Besar Abdul Khalid Ibrahim's refusal to bow out despite PKR president Wan Azizah Wan Ismail having proved her majority support in the state assembly.
"The hard evidence put up by Wan Azizah has virtually rendered Khalid's hold on office illegal," said constitutional expert Abdul Aziz Bari (below).
On top of the supposed illegality of Khalid's office, the legal eagle said another problem has arisen: "An illegal government contemplating dissolution (of the state assembly)".
He said this in reference to Khalid 's remark yesterday that he did not dismiss the possibility that he may seek dissolution of the House.
This was despite Wan Azizah revealing on Thursday that she had support from 13 representatives from PKR, 15 from DAP and two from PAS in the 56-member House.
"If the sultan grants the dissolution now he might be seen as helping Khalid to escape, especially in the light of condemnations of the latter throughout the day.
When confusion rules the day
"A premature dissolution is only necessary when there is confusion and that there is no one particular group that enjoys clear majority.
"The situation in Selangor state assembly is absolutely clear: it is 30 versus 26," he said.
Abdul Aziz pointed out several instances in the past where dissolution of the House was rejected after a new leader had successfully proved having that a new majority or the existing government had lost confidence.
"In 1994 the Yang di-Pertua Negeri of Sabah refused a PBS request for dissolution when a government was formed following a floor crossing from the party to Umno.
"Prior to that in late 1977, (then Kelantan Menteri Besar) Mohamed Nasir who was earlier brought down through a vote of no confidence had his request for a dissolution refused by the regent of Kelantan.
"In 2009 the Sultan of Perak refused to grant dissolution to Menteri Besar Nizar Jamaluddin after three of his state assemblypersons became Umno-BN friendly," he said.
Abdul Aziz added that in all three instances,they involved Umno taking over.
"The hard evidence put up by Wan Azizah has virtually rendered Khalid's hold on office illegal," said constitutional expert Abdul Aziz Bari (below).
On top of the supposed illegality of Khalid's office, the legal eagle said another problem has arisen: "An illegal government contemplating dissolution (of the state assembly)".He said this in reference to Khalid 's remark yesterday that he did not dismiss the possibility that he may seek dissolution of the House.
This was despite Wan Azizah revealing on Thursday that she had support from 13 representatives from PKR, 15 from DAP and two from PAS in the 56-member House.
"If the sultan grants the dissolution now he might be seen as helping Khalid to escape, especially in the light of condemnations of the latter throughout the day.
When confusion rules the day
"A premature dissolution is only necessary when there is confusion and that there is no one particular group that enjoys clear majority.
"The situation in Selangor state assembly is absolutely clear: it is 30 versus 26," he said.
Abdul Aziz pointed out several instances in the past where dissolution of the House was rejected after a new leader had successfully proved having that a new majority or the existing government had lost confidence.
"In 1994 the Yang di-Pertua Negeri of Sabah refused a PBS request for dissolution when a government was formed following a floor crossing from the party to Umno.
"Prior to that in late 1977, (then Kelantan Menteri Besar) Mohamed Nasir who was earlier brought down through a vote of no confidence had his request for a dissolution refused by the regent of Kelantan.
"In 2009 the Sultan of Perak refused to grant dissolution to Menteri Besar Nizar Jamaluddin after three of his state assemblypersons became Umno-BN friendly," he said.
Abdul Aziz added that in all three instances,they involved Umno taking over.
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