Perlis is currently facing a political impasse after its menteri besar Azlan Man was sworn in, only to be sacked by his own party hours later.
It is a situation not unfamiliar to DAP's Ngeh Koo Ham, who, as then-Sitiawan assemblyperson, had a front-row seat during the 2009 Perak constitutional crisis when BN seized control of the state.
In commenting on the Perlis imbroglio, Ngeh pointed to the Yang di-Pertuan Agong’s handling of the Pakatan Harapan government’s premiership as an example to be followed.
As revealed by PKR de facto leader Anwar Ibrahim, the Agong had initially offered the prime ministership to now-deputy prime minister Dr Wan Azizah Wan Ismail, on the basis of her role as the president of the political party which won the most seats in the 14th general election.
Wan Azizah, however, declined the offer and said that she only wanted him to pardon her husband.
"The Agong assumed that Wan Azizah had the majority support (but) it was (prime minister) Dr Mahathir (Mohamad) who had the majority support, as agreed by all of us before the election," Ngeh told Malaysiakini.
Ngeh added the Agong obviously had his own personal view on the matter.
He noted that the Kelantan palace had revoked a title awarded to Mahathir in 2002 earlier this year.
Despite this, Mahathir was still appointed as prime minister in the end.
"Personal opinion and feelings must be set aside so that there is no instability in the government," stressed Ngeh.
All nine other BN state assemblypersons in Perlis had refused to back Azlan as menteri besar and boycotted his swearing-in ceremony on May 24.
Raja of Perlis Tuanku Syed Sirajuddin Putra Jamalullail said that he had selected Azlan over Tambun Tulang state assemblyperson Ismail Kassim for the menteri besar post, as he feared the latter would be a "puppet controlled by external factors".
While Ismail's name was proposed, the Tuanku said that this did not mean that he would have to accept it as it was only a recommendation.
Importance of majority support
Ngeh, who is also a lawyer, said the law was quite clear, in that the Raja of Perlis must appoint the person who has the support of the majority.
"This is so that there is no reason for a no-confidence motion to be moved against the menteri besar.
"Because if this is not the case, when the assembly convenes, the menteri besar would be removed and the assembly cannot function," added Ngeh.
Commenting on the Raja of Perlis' concern that he did not want to appoint a puppet leader, Ngeh said it was for the assemblypersons to determine whether the menteri besar was acting in the interest of the state or otherwise.
"He (a menteri besar) may have the confidence of the representatives initially but they can always move a ‘no-confidence’ motion against him, if, along the way, his actions undermine the support of the people," said Ngeh.
Snap polls another solution
Meanwhile, lawyer N Surendran said since it appears Azlan does not enjoy the support of the majority, the most appropriate and constitutional solution is for the assembly to be dissolved to pave the way for fresh elections.
"In which case, it is likely Harapan will do very well," Surendran told Malaysiakini.
Like Ngeh, lawyer Syahredzan Johan said that the head of state must appoint someone who has majority support as menteri besar.
"His discretion does not extend to choosing a menteri besar who does not have the support of the majority.
"If BN state assemblypersons do not support Azlan, he must resign or ask for the assembly to be resolved to pave the way for an election in the state," said Syahredzan on Twitter. - Mkini
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