Selangor Menteri Besar Abdul Khalid Ibrahim does not have the power to sack executive council members with "immediate effect", says law professor Gurdial Singh Nijar.
This, he said, is because the exco members hold their office at the pleasure of the Selangor sultan as stipulated in Article 53(7) of the state constitution.
"First, only the sultan can dismiss the exco members. The menteri besar can recommend, but the recommendation may or may not be accepted.
"Hence the dismissal with immediate effect is not valid in law," he said.
Gurdial (left) was referring to Khalid's announcement today that he had sacked six exco members from DAP and PKR, leaving the state government with only four PAS exco.
Khalid yesterday said the state constitution requires a minimum four exco members for the government to stand, but his move today effectively marks the collapse of the Pakatan Rakyat Selangor government.
This is as the executive now consists of Khalid, an Independent assemblyperson following his sacking from PKR, and four PAS members.
Grounds for sacking 'spurious'
Meanwhile, Gurdial said the affected exco members were not given the right to be heard thus rendering the dismissal "fatal".
Also, he said, despite Abdul Khalid claim that the six exco members had formed a bloc to undermine his government, no voting by the exco to that effect had occurred.
In fact, he said the exco members had today said they wouldrespect the Selangor Sultan's endorsement of Abdul Khalid as menteri besar and to proceed with their duties as usual pending a transition according to the state constitution.
"The menteri besar's grounds, with respect, are spurious and are flawed in law as a basis for dismissal, in any event," he said.
This, he said, is because the exco members hold their office at the pleasure of the Selangor sultan as stipulated in Article 53(7) of the state constitution.
"First, only the sultan can dismiss the exco members. The menteri besar can recommend, but the recommendation may or may not be accepted."Hence the dismissal with immediate effect is not valid in law," he said.
Gurdial (left) was referring to Khalid's announcement today that he had sacked six exco members from DAP and PKR, leaving the state government with only four PAS exco.
Khalid yesterday said the state constitution requires a minimum four exco members for the government to stand, but his move today effectively marks the collapse of the Pakatan Rakyat Selangor government.
This is as the executive now consists of Khalid, an Independent assemblyperson following his sacking from PKR, and four PAS members.
Grounds for sacking 'spurious'
Meanwhile, Gurdial said the affected exco members were not given the right to be heard thus rendering the dismissal "fatal".
Also, he said, despite Abdul Khalid claim that the six exco members had formed a bloc to undermine his government, no voting by the exco to that effect had occurred.
In fact, he said the exco members had today said they wouldrespect the Selangor Sultan's endorsement of Abdul Khalid as menteri besar and to proceed with their duties as usual pending a transition according to the state constitution.
"The menteri besar's grounds, with respect, are spurious and are flawed in law as a basis for dismissal, in any event," he said.
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