Selangor state govt NOT in chaos but still in function - Surendran slams BN for poking fire

I refer to the sacking of Selangor Menteri Besar Khalid Ibrahim by his party.

The sacking means that Khalid no longer enjoys the confidence of the majority of state assemblymen. Article 53(2)(a) of the State Constitution states that the MB must ' command the confidence of the majority of the legislative assembly'. Therefore, 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 Khalid's sacking.

Article 53(6) of the Selangor Constitution states that when the MB ceases to command confidence of the assembly, he shall tender the resignation of the State Exco. Now, since the MB has not tendered his resignation to the Ruler yet, the Exco remain 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.

Thus the sacking of MB by his party in no way deprives the Exco of executive authority or lay any obligation upon them to resign.

It is crucial to note that irrespective of the situation of the MB, the State Exco can continue to govern the State. This is clear from Article 50 of the state constitution which states that the executive authority of the State is exercisable by the Ruler or the State Exco.

Khalid Ibrahim

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.

It should also be remembered that 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! PR now has 43 seats as opposed the BN's 12. PR has the legal, constitutional and moral authority to continue to form the government of the State of Selangor.

N SURENDRAN, VICE PRESIDENT OF KEADILAN, MP PADANG SERAI