From The Malaysian Insider
By Shannon Teoh
IPOH, May 15 — V. Sivakumar, the Pakatan Rakyat (PR) appointed speaker of the Perak state assembly, will file a suit at the Ipoh High Court at 11.30am today against Datuk R. Ganesan, who is Barisan Nasional’s (BN) choice for speaker, which could determine who legitimately holds office as head of the state’s legislature.
The latest legal challenge will add to the state of confusion which has crippled the administration of Perak since BN’s power grab in February, and places more pressure on all parties to agree to fresh polls as a way out of the quagmire.
The speaker’s position is crucial as he controls assembly proceedings and for BN, it could mean convening an assembly to pass a vote of no-confidence in Datuk Seri Nizar Jamaluddin, rendering the current court case over who is the legitimate mentri besar academic.
Perak DAP chief and Pakatan Rakyat’s (PR) legal coordinator for the Perak crisis, Datuk Ngeh Koo Ham, told The Malaysian Insider that Sivakumar will file a personal suit against Ganesan for bringing unauthorised persons into the May 7 assembly.
Sivakumar, in his suit, further alleges that these unauthorised persons manhandled him.
“It is a personal suit seeking damages for injury and embarrassment, as we do not recognise at all any claims by Ganesan that he is the speaker,” Ngeh said.
But while PR may argue that there is no doubt Sivakumar is still the speaker, Ganesan’s claim that he invited police officers into the assembly in his capacity as speaker ensures that this issue must be dealt with if the court allows it to be heard.
Ganesan had told reporters that he had already been properly appointed as assembly speaker when he asked Sivakumar to vacate the speaker’s chair and relocate to his Tronoh assembly seat.
According to Ganesan, when Sivakumar had ignored repeated warnings and then an order to leave the assembly, he ordered the sergeant-at-arms to execute his order but PR assemblymen blocked the way.
As such, Ganesan asked police officers whom he had invited as speaker, to aid in the removal of Sivakumar, which they did with physical force as Sivakumar refused to recognise Ganesan as the new speaker.
This is what happen if the leaders were to forget who they are. ALL ADUN are Wakil Rakyat, That’s means they are the people’s representative, So if the ADUN are thinking that they can do anything they wanted to by neglecting people’s will, then the bad thing is getting worse..
http://nmjnh.wordpress.com/2009/05/15/anak-haram-rampasan-kuasa-diperak/
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Fairdinkum ,
I am not at all surprised by the action of Ganesan at the May 7th. rowdy
act by shoving off Sivakumar. After all ain’t he from the MIC, and does
not that say a thousand words. You can’t rough up someone maybe in MIC
its a way of life.
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This shameless MIC man, who is not even elected as an adun, had the gall to behave like an authority of the May 7h illegal Assembly…who gave him that authority. Again, the ‘Royal UMNO Police’ were at their efficient best, protecting this creep and a scumbag of the earth.
UMNO, you can twist and turn, you can use all the tainted Institutins to gain power but… you will not rub off the staint of your disgraceful display of an undemocratic act from the minds of the rakyat. Eventually, democracy will have its last laugh and justice will prevail.
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BN gila Kuasa,Pakatan mahukan pilihan kerajaan melalui pilihanraya dan Sultan diam membisu…PERAK,PERAK……apa nak jadi…..JALAN YG TERBAIK,BIAR RAKYAT YG MENENTUKAN..
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Lawan tetap Lawan. Ganesan “The Haram” speaker that he deserves to be kicked out of the assembly hall as he had been kicked out by the rakyat.
As far as the rakyat is concerned this MIC scumbag had broken the rule and showing disrespect of Federal and State Constitution.Take him on YB Siva and if possible this unwanted character who behaved like gangster to be put in jail and let him be the speaker of the prisoners and he can conduct his own assembly and make as many decisions as much as he wants.
Lawan tetap lawan. Membujur lalu melintang patah dan keadilan mesti di tegakkan dan mereka yang melakukan kesalahan dan menghina dewan mesti di ambil tindakaan.Rakyat akan tunggu walaupun seratus, seribu tahun lagi perjuang rakyat mesti diteruskan.
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1Malaysia, 1Perak, 2MB’s, 2Speaker’s ….Malaysia boleh. Instead of letting the people decide in this stand-off in true democratic style, the PM is abetting this. Where is there hope in this country if the leadreship cannot administer fairly and properly.
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The Court has made judgement that the suspension of 7 BN Aduns and 3 Independent Aduns by Speaker Sivakumar is null and void, i.e. invalid according to law.
The Election Commission has declared that the 3 Independent Aduns did not quit as assemblymen, hence they remain as Aduns.
However, during the State Assembly on 7th May, Speaker Sivakumar ordered the 10 Aduns to get out of the Assembly. This is clearly a contempt of court.
The said Speaker also said, “as far as I m concerned, the 3 Aduns are no longer assemblymen”. He made his own rule and judgement. This is absurd.
Did anyone from PR elaborate on this issue.
The MB Nizar went to see Sultan to request for dissolution of the Dewan. In court, Nizar said that he was not aware that the 3 Aduns have quit PR. Question is, why did he seek dissolution of the Dewan if he (still believe) he has the majority?
Everyone except Nizar and PR knows that the situation is PR 28 = 28, BN & Independent supporting BN = 31 means BN holds majority now.
How could the Dewan convene the vote of no confidence against Nizar if the Speaker Sivakumar did contempt of court by illegally ordering the 10 Aduns out of the Assembly?
PR de facto Anwar said PR will respect Court decisions. In the case of Sivakumar above, did PR preach what they say?
Well, before anyone forget, who started the katak lompat principle first? Remember 31 kataks on 16 Sept? Remember when Bota Adun jumped to PR Anwar said by-election is not necessary? Can anyone from PR recall all these kataks stories.
How about Karpal’s words that “Anwar has caused so much trouble to this country, Anwar harus bertaubat (repent)”.Maybe Karpal yang bertaubat, bukan Anwar.
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RH-PSK Reply:
May 15th, 2009 at 4:51 pm
Sherry, I think you are missing the point here.
Speaker Sivakumar acted based on the decision made by the Jawatankuasa Hak & Kebebasan DUN that has suspended the 7 BN Aduns & 3 Independent Aduns. He is merely doing his rightful job as the Speaker. The Court did not invalidate the decision made by the Jawatankuasa Hak & Kebebasan DUN. Hence, Sivakumar’s action was not a contempt court.
As far as Perak’s matters, the best solution is to dissolve the State Assembly and let the people of Perak to decide who should form the Perak’s government either Pakatan Rakyat or BN.
The problem arised due to certain quarters did not uphold the law and respect the Constitutions. Furthermore, they are like vultures and would cling to their power although the people of Perak do not want them as government.
The issue of party hopping was started way back in the 70′s by the BN (or formerly nown as Perikatan). The person who orchestrated this was Allahyarham Tun Abdul Razak (Najib’s father). So, we know that sooner or later, Najib will follows his father’s footsteps should he wants to retained his power as the new PM. And he has proven this in Perak. DSAI may instigated the party hopping strategy but the one who was stupid enough to execute this strategy was Najib the “Monggolian Connection”. At least, DSAI respected the Malaysian Constitution & the Law but Najib & UMNO ….???
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sherry Reply:
May 16th, 2009 at 2:56 am
Dear RH-PSK,
Your response to my comment is pathetic and very prejudice. The moment you described Najib the “Monggolian Connection” made me feel that you are a hardcore PR supporter who would’nt accept any opinion that is not pro PR.
Where are the evidence/photo/ that Anwar & RPK claimed to have to proof the Najib/Altantuya connection. They have been barking about it for months yet till now they could’nt come up with any concrete proof execpt heresay and RM5 SD. And pleasedon’t tell me about the world wide newspaper recycled reports as proof.
You said the court did not invalidate the decision of the JHKD….??? The fact is, the Court decided that the suspension is null and void. What does that meant, please explain? Why did you choose to interprete differently…please don’t twist the fact lah. Btw, who is Chairman of JHKD, is it not Sivakumar himself? You dont you tell the rakyat of PR that JKHD’s jurisdiction is to hear misconduct commited during assembly sittings in the assembly. You know, you may be right on this, but I may not be wrong on this too. Perhaps, Sivakumar should suspend the Sultan as the Perak King instead for appointing the new MB and Exco! Coz I dont get it why he want to suspended the 7 aduns? They did’nt self appoint themselves dont they. They, as any political parties would do, merely convey to Sultan that they have the majority 31 at that time to form a new Government.
How about the status of the 3 independents as Aduns? Why did you choose not to comment?
And you didnt answer me why Nizar went to ask Sultan to dissolve the SA if he (as he said in court) still has the majority??? Why, tell me.
You feel the best solution is to dissolve the State Assembly?? Surely if you are pro-PR coz you have lost the majority and has nothing to gain if the SA is not dissolved. That’s why PR so undemocratically tried to prevent a vote of no confident on the ex-MB if all aduns are allowed to attend the assembly.
I totally agree with you that certain quarters (the PR) would cling to their power although the people of Perak (majority 31 aduns) do not want them as government. No question about it.
Regarding the Tun Razak, please dont try to twist la. PAS never lompat katak like what Anwar was trying to do on Sept 16. The remained as PAS party but joined as a coalition partner of BN in 1974. And please tell your Anwar who orchestrated the lompat kataks downfall of the Pairin led Sabah Government in the 1990s? Tell me la. And please tell me too, if the 16 Sept 31 kataks materialise, did Anwar ever tell that the Parliment should then be dissolved.
Or probably, if Anwar were to get a simple majority in Parliment last 16 Sept, he would then appoint Sivakumar-like new speaker of Parliment who would then suspend Najib and 40 BN ministers for 18 months and 12 months for trying to seek the Agong’s consent to dissolve parliment.
Did you miss my point here? Be objective la.
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AS Reply:
May 16th, 2009 at 3:53 am
Sherry, I wish to correct several errors you have made. The court merely made a declaration that the suspension of the 7 plus 3 frogs was null and void, but surprisingly did not issue an order compelling the Speaker to rescind their suspension. A mere court declaration without an order is effectively non-enforceable. The Speaker in disallowing them from participating in the assembly is therefore not contempt of court unless he had defied a court order.
The Election Commission has no power under the Constitution to interpret the status of an ADUN or MP. This power is vested with the Speaker. Thus, Speaker Sivakumar is acting fully within his powers by declaring that the 3 frogs had vacated their seats upon receiving their resignation letters. EC’s job is to conduct elections and nothing more. If any of 3 frogs disputes his decision, they must go to court (even after by-elections have taken place) to get a declaration that they are the rightful ADUNs and also an order to compel the Speaker to allow them to participate in the Assembly sitting.
Remember the Speaker reigns supreme in Assembly’s proceedings. This is a legacy from BN days to ensure full control of the legislature. Thus Sivakumar acted within his prerogative and within the House Rules in ordering the 10 ADUNs to leave. If you are not happy with the seemingly dictatorial powers of a Malaysian Speaker, you can always ask BN why they made it like that in the first place. It is not absurdity but this is what the law permits.
MB Nizar met the Sultan seeking to dissolve the DUN not because he had lost a vote of confidence since none had been caried out then. He did so because the political situation was spiraling out of control with Jamal, Osman and Hee going missing and could not be contacted. It was felt that the government may be undermined and the threat of chaos was very real if the DUN was not dissolved to pave the way for fresh elections. You cannot simply say that BN held the majority when Nizar met the Sultan since the 3 Independents have yet to declare their support for BN in the Assembly. Out of the Assembly, anything the frogs say or do have no bearing on BN having gained the majority.
Speaker Sivakumar need not even bother to order the 10 ADUNs out if he wanted to sabotage the no-confidence motion against Nizar. All he had to do was deny the motion and that will nicely suffice. Zambry was plain stupid in trying to propose the motion when he fully knew that Sivakumar controlled the Assembly’s proceedings.
PR always respect court decisions even if many times they are unfair to PR. But since Sivakumar didn’t break any court orders, so no issue. Compared to BN, just see how Zambry shamelessly defied the High Court order for him and his exco to relinquish their positions and offices immediately.
Finally on katak stories and minor differences in opinions between PR leaders, aiyah this is natural in politics and life-lah. No need to waste my time harping on old and irrelevant issues.
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sherry Reply:
May 18th, 2009 at 1:10 pm
I just need your last two paragraphs to summarize your reply to my comments?
“PR always respect court decisions even if MANY TIMES THEY ARE UNFAIR TO PR”….very typical of hardcore PR supporter.
“NO NEED TO WASTE MY TIME harping on old and irrelevant issues”. Perhap you forgot to read your own comment when you yourself raised up the twisted OLD ISSUE of Tun Razak to defend the so-called Anwar’s “INSTIGATED” Sept 16 debacle. I could imagine how over-excited and suspense you were on the eve of Sept 16 believing that coup would happen.
Need I remind you again what Karpal said to Anwar? Ya lah, no need to waste yor time if Karpal was lying, coz Anwar is always right.
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Fairdinkum ,
a word of solace to zamry (haram) mb get linggam to defend you in your
future legal cases. Its win all round for sure bets only a phone call
away.
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Yes. I’m aware the crisis is on a spiral. But, then again please look at the other side of the coin and hope PKR will learn something out of this debacle. Apply it in future. I am looking forward to the dissolution of the Perak Assembly. And, I hope that PKR will vet their candidates whom they nominate if elections come by. I’m aware that time was limited to do this serious vetting in the last election. Hope PKR doesn’t make the same mistake again. Nominate candidates who have principles and integrity. Though I never supported PAS before, but I might change my mind. They have shown more integrity. None of them crossed over for money.
prof JOHN B
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Appoint a new speaker even when Tuanku has not declare the persidangan yet? Only BN can do it. lead by Zambery the Zombie . Malaysia boleh !!! Semua boleh asalkan dapar power. Power = $$$$ . Mana ada pemimpin UMNO yang tak kaya. Yang dulu naik basikal pun tiba tiba bila dah jadi pemimpin terus jadi Ahli perniagaan yang berjaya. Isteri juga begitu, tengok saja Mat tempeh, isteri tiba tiba berlagak pandai. Dulu cuci gigi busuk, tiba tiba besar kepala bila jadi isteri menteri besar. Terus kelentong wang rakyat. Memalukan UMNO . Mak cik mak cik di kampong yang bertungkus lumus menjayakan UMNO tak siapa ambil pot. Kalau kau sakit cuma jiran yang ambil tahu. Tak kira orang Pas kah, orang UMNO kah atau orang PKR kah, akhirnya jiran juga yang hantar ka kubur.
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To Sherry,
If you know nut about law, pls just keep your mouth shut!
Pls go to take a law course before you start commenting about law in this blog!
I’m a Chinese. By looking at your name, I suppose you are a Chinese too.
Should call you Bodoh punya Cina?!
Don’t waste your time here. We don’t have time to entertain you for such a nonsense you had written!
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sherry Reply:
May 16th, 2009 at 3:19 am
Dear PeoplePower,
Its true I dont know much about law, thats the reason why I posted my comments so that people like you who studied law can argue my comments objectively.
Since you feel only Smart Chinese law educated people like you should comment here, why dont you reply point by point to my comments. Please dont comment selectively lah, like RH-PSK.
Btw, I am Malaysian, Kadazan, Dayak or Serani, so dont be racist lah, like your chauvanist DAP party.But there’s no harm in calling yourself Bodoh punya Cina. After all, you are a Chinese too, albeit a racist Chinese.
Comment la on my points, dont stray away!
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All these actions of PR and BN is crystal clear. In the full dewan quorum, PR will definitely lose in a no-confidence vote. On the ground BN will definitely lost in a new mandate. So both sides are trying to grip on to power by doing what is best for themselves. The 10 duns were kicked out to ensure bn will not get a majority in nizar no-confid vote. Likewise bn know they will lost in a new election, so they by crook and hook they are trying to prevent one. This whole mess is the result of the actions of the three frogs. Frogs don’t migrate to a new pond for no reason. Who started the frog culture is irrelevant. What encourages it is what matters and disturbing if the charges are true. A frog may be one of low intergrity, but so too is the party that accepts the frog. So all parties do bear in mind that there a lot of fence sitters out here.
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Vote of no confidence to PAKATAN its only makes dramatic fantasy empire to BN, dissolve the state assembly then Meterilise the people in union invictated.Disgraceful display underdemocratic of act from the perakians so that siva vs ganesan clearly contempt without previalation in….
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