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Thursday, 11 September 2014

Let There be State Elections Then.



I have re-studied the political situation in Selangor away from the din and ruckus that surround it. The more I think about it, the solution does lie in the hands of The Sultan of Selangor. He can clear this mess.
By dissolving the Selangor assembly and letting the people judge what’s best for them. Not to just rearrange the political permutations but to judge other issues.
If that were to take place let no one decry the choice of doing a state election. Even if it costs RM50 million, this is an exercise by the people in democracy. That’s just the down payment for the Tropicana land.
If there are state elections- the people of Selangor wishing to liberate themselves from the tyranny of shadowy dealings of the political parties as they claimed being subjected to all this time, can cast  their votes on many things. Let the people in the richest state speak out. Let them also remember, this opportunity is given to them by the Sultan of Selangor.
When the opportunity is given take it. Then, let them speak on (1) Kidex (2) on GST (3) water deals (4) on the performance of Khalid and so on so forth. Let this be a people’s referendum on a number of issues. I am sure UMNO will chicken out.
Let the state elections not just be about the issue of selecting an MB or appointing one man. It must celebrate the inalienable right of the individual to determine their destiny. For UMNO too- the state elections should be an ample opportunity to re-establish their legitimacy. Don’t be shy about it.
The Selangor MB issue has developed into something beyond control. It has now become a constitutional issue. What a ruler can or cannot do is prescribed in the constitution. He has the right to appoint the MB from among those in the house whom in his judgement is likely to command the majority support in the house.
Therefore, at this moment, I think the ruler is right in calling for more than 1 name for his choice. Or more than 2 names from each of the party making up the government for the time being, which are members of Pakatan Rakyat. He has to make a choice from among those listed so that he can judge who among them is likely to command the confidence of the majority.  He can do this subjectively as it falls into his judgement or he can do an objective test- allowing his choice to be ratified in the next sitting of the dewan.
The wrong committed by parties like PKR and DAP for instance is in preventing the Sultan from exercising choice- which the words in his judgement a person who is likely to command the confidence of the majority in the house mean. The Sultan has a choice to disbelieve the person coming before him claiming he or she commands the confidence of the majority.
Submitting one name is not giving the Sultan his due right to choose- what is there to choose if there is only one name? So PKR should by now have done a corrected submission. Put up a few names- Wan Azizah, Azmin, Dr Idris,. DAP should also now do the same.  It’s a pity they don’t have a Malay ADUN.
That cheapskate Dato Najib has done a cheap shot saying DAP and PKR do not understand the state constitution. The practice is to submit only one name all this while. It is called convention no?
Yes, the next time if BN retains the federal government- please submit more than one name to allow the Agong to exercise his right to judge from among the house members, a person likely to command the confidence of the majority ok. Demonstrate the same principle.
Now, whether that action is treasonous or not- the Sultan did not say this. The letter from his office stated his displeasure. Displeasure is not the same as saying someone is treasonous is it?

25 comments:

Sam,  11 September 2014 at 10:51  

Salam Dato' I agree with you. Sultan should dissolve the assembly and call for elections. This would benefit all parties as they will know where they stand in the rakyat's eyes and use this info to prepare for the the next GE.

We just want better governance and leadership that inspires us to better ourselves.

tebing tinggi,  11 September 2014 at 11:50  


State Election would be proper ,then it's goes back to the people to decide .

ordinary malaysian,  11 September 2014 at 12:10  

Right, the honourable thing to do in the circumstance, or circus if you like, is to call for a snap election.

But Dato, are you capitulating in the face of the royal rebuke just like everyone else?

According to those better placed than us on legal matters of the law and the constitution, discretion is not the same as prerogative. There are guiding principles that should be followed to easily resolve the debacle.

For one, what is really preventing the place to discover who actually has the majority support of the Aduns by calling all the parties if need be to find out?

Don't you think that submitting multiple names in fact implies that none has the majority support of the Aduns to be appointed MB? If I am submitting A's name, I am implying that she or he has the majority support. At the same time if I also submit B's name, what does it mean that A has the majority support? Or vice versa.

Personally, the way the MB debacle has turned into a circus of sorts, most Selangor folks, I believe, would prefer that the choice be left to them to show who they want.

But Pakatan is already pre-handicapped. With Pas continuing to be part of the coalition, I am afraid it can forget about retaining the state. Realistically, they have no chance to talk of. They can kiss goodbye to Selangor. I won't say the same were Pas asked to leave or they do the honourable thing by leaving after all the backstabbing.

Quite obviously, powerful vested interests must have been at work manipulating the whole fiasco, hoping to work the whole scene to their advantage.

They just might succeed in hijacking the votes of the poor Selangor folks who had cast their preference for Pakatan in GE13.

The evil that men do - for power and position.

And of course, for the ever mighty manna.

Amen.

Anonymous,  11 September 2014 at 12:44  

Agreed. The solution does lie in the hand of the Sultan. As a constitutional monarch created under the S'gor Constitution, he has to abide by the constitution and appoint an Adun who in his judgment has confidence of the majority per Art.53(2)(a) Sgor Const.

That Adun whom the Sultan wants to appoint does not necessarily come from the list submitted to him as long as in his judgment that Adun has confidence of the majority.

Now, PKR/DAP has conclusively proven that Wan Azizah has majority support. If the Sultan is doubtful of this majority support and in his judgment feels that another Adun might have majority support, well, he can direct the Speaker to convene a special sitting of the Assy now and put it to a secret vote so that all Aduns can vote with their conscience.

There is no necessity in fact or in law for PKF/DAP to submit more than 1 name when that particular Adun has majority support; and the fact that the Sultan can appoint any of the 56 Aduns as MB whom in his judgment has majority support. It would be an exercise in futility and stupidity to submit more than 1 name.

Similarly there is no necesstity for the Sultan to request for more than 1 name. What the Sultan could do if in his judgment that another Adun other than Wan Azizah might have majority support is to write to PKR/DAP/PAS and determine whether they have any objection to this Adun being appointed MB. That's all.

Lastly, under the Fed and all State's constitution, the Agong and Sultans have no power to dissolve Parliament or DUN. They only have power to withhold consent to dissolving DUN when requested by the PM/MBs.

Khalid is no more the MB and can't advise Sultan to dissolve DUN now. He has tendered his resignation since he doesn not command majority support.

The only issue left to be resolved by the Sultan is to appoint an Adun who has command of the majority. Any other appointment would be against the said Art.53(2)(a).

TAG 11 September 2014 at 13:30  

All the sultan has to do is to find out by any means he deems fit to find out who commands the support of the majority.

Anonymous,  11 September 2014 at 14:27  

Ok. Let Sultan choose either one from the name of MB candidates submitted by the parties in Pakatan. Later on together we see what whould happen.

PKR remain and still consistence with Wan Azizah name but the party were forced by istana to give more than two names. anything happen in the futures, people have no choice otherwise to blame the istana.

As we knew majority want Azizah for replacing Khalid but istana rejected Azizah. Do istana fully ready to play the game with the rakyat?.

In mathematic law, 2 is bigger than one. So think about it!

Anonymous,  11 September 2014 at 14:47  

If this happen, PAS will balik Kampung and my family will kick them out this time.

Kampung Party can not win in Majority Malay area at terengganu, Kedah, Pahang johor and want to be the MB for Selangor?

Please use your brain to think before trying to be a big brother in PR.

Most malay has rejected the kampung Party including the titiwangsa/damansara area.

Mazlan,  11 September 2014 at 14:49  

Although I have never been an Azmin Ali fan - he has proved himself a lot more level headed on this issue than most and has risen in my estimation.
Wan Azizah may be a nice person - but she has left all the talking to Anwar and Rafizi which has probably solidified the Sultan's preception about her suitability as MB.
Whilst many in PKR and DAP have insulted TS Khalid (without proving any evidence of wrongdoing on his part) Azmin has kept quiet and not stirred the pot.
He has been a Selangor ADUN for some time now and more aware of the needs of the state than most. Why was his name not submitted?

Anonymous,  11 September 2014 at 15:11  

Dato,

Yr proposal might not work if the ‘road-block’ is not cleared!

The whole comical issue of electing a new MB by the majority coalition, then turning into a singular royal discretion owing to his judgment, is TOTALLY handicapped by the interpretation of the Selangor Constitution.

The meanings of the SelCon clauses in selecting the new MB is clear, except the power granted to the sultan.

Convention has it that the sultan should accept the nominated person by the winning parties with formality. Now, that table is turned! The sultan now has been advised that he has the sole ‘right’ to decide whom in his opinion commands the majority support.

A new snap election wouldnt help, if after this election, a similar deadlock in interpretation could recur!

Someone has to give.

If PR gives, then, be prepared for more royal interference in the running mechanism of the state/M’sia as a whole.

If the sultan benevolently side-steps, as the apologies have been given. Then all well & good for the people.

So, to avoid the scenario described, do see the forest before the trees, pls!!!!

Anonymous,  11 September 2014 at 16:01  

Dato, haha,at first I was taken in by the about-face you made.
Then reading deeper, I realised this is truly a tongue in cheek article, meaning the opposite of what you write. You 'proposed' calling for state elections and then thrown down the gauntlet to BN/UMNO, that with the next election, they should also submit more than one name to the Agong for PM. Won't this mean for every MB of the state they win they should also submit more than one name to the ruler?
And in the same breadth, "What a ruler can or cannot do is prescribed in the constitution".
Haha, that is the catch phrase.
No one is above the constitution.
This is a good article, hope not all have been taken in.

Anonymous,  11 September 2014 at 16:02  

I disagree that more than one name should be submitted. Is it also done in the choice of a PM???
If Azizah has 30 aduns why the need for another name?
The sultans should have granted an audience to Pakatan and sorted out the issue very easily.
But he met Hadi, we are told. Why not Azizah?

There are puppet masters out there.
This whole mess is staged.

Anonymous,  11 September 2014 at 16:17  

Dato, brilliant piece of assumption and hard reality seeps in. This one scenario when anyone tries to tweak it. Is this what they want?
The constitution stands supreme, and let all respect and honour it for the sake of our forefathers, ourselves and generations to come.

Anonymous,  11 September 2014 at 16:27  


The view of YB Liew

http://liewchintong.com/2014/09/ethnic-conflict-is-manufactured-to-divert-attention-from-umnos-internal-strife/

Phua Kai Lit

Anonymous,  11 September 2014 at 19:22  

Ahhaaaaa!!!!Mahahtir now openly says during his time he only gave one name to all the Sultans including Sultan Selangor and there had never been an issue. That had been also the case since 1957 with all previous PMs.

And Mahathir tightened the screw on the Sultans with the 1993 Constitutional Amendment. Under Sch 8 Fed Constitution, all States' Constitution must adopt the Clauses spelt out by the Fed Const including provisions with respect to the appointment of their MB.

The Sgor Sultan is now not only going against Art 53(2)(a) Sgor Const but also against Sch 8 of the Fed Const in that he must appoint an MB from amongst an Adun who command majority support; which in fact and in law must be only one Adun.

Najib bluffed and lied to the Pekan Umno members that PKR didn't know the Sgor Constitution when as correctly pointed out by Anwar, he also supported the 1993 Const Aemendment introduced by Mahathir which required all the States to adopt similar Clauses in their Consti as spelt out by the Amendments with regard to the appointment of MB.

bruno,  11 September 2014 at 20:06  

Dato,it will be good if an election is call to settle the MB issue.Let the people decide who they want to represent them.

I am pretty sure that many supporters of the PR will want to know if this Kajang circus has effected the coalition,and if it did by how much.Also the voters will want to see which party among the coalition will be hurt most by this fiasco.Many has said that it will be PAS.I am saying that the PKR will be the one crawling out of this election severely wounded if an election is called.

I have always said that Azmin is not fit to be MB.But now he seems to be the best of the PKR pack.He has put on his best behaviour of not joining in the Kajang circus,showing his opponents his cool and MB material.He has been keeping quiet as a church mouse,perhaps been preparing to be the one to take over when all this bloodletting is over.

If Azmin gets to be the MB,he well deserve it.He has played the game very well at the end.It is what separates the winners and the losers.And the real losers are Anwar and Rafizi.

Anonymous,  11 September 2014 at 21:13  

Dr M has confirmed, by convention only one name has always been submitted, and this is also adhering to the constitution.
Goodness, what was someone else referring to when he said by convention more than one name is submitted? Another spinner of tall tales?

Pok Li,  11 September 2014 at 21:21  

Najib had claimed that PKR and DAP do not understand the Selangor constitution.

Let say, after the last GE13 Agong had requested all parties to submit their proposed candidates for PM. And Agong used his discretion to appoint PR proposed candidate as the new PM based on his opinion that the opposition commands 52% majority support of the rakyat. How would Najib and UMNO/BN react?

No prize for the correct answer though. Cheers!

Anonymous,  11 September 2014 at 21:58  

Dato,

What if the state elections are called and the results are the same as current and PAS submit the same 3 names while PKR and DAP submits only one name? Still status quo, right?

Anonymous,  11 September 2014 at 22:31  

Kajang Move mmg epic failure klu dah berakhir dgn state election pulak.
Kita kat bawah ni masih tertanya2. Khalid dah resign pun,sebab dulu nak remove dia je. So patut dah selesai lah. Beri aje lah nama2 calon lain. Atau pun tujuan nya hanya utk mengangkat nenek kipas sahaja.
Kami dah penat lah.
Kirim salam saja lah pd rafizi.

Anonymous,  12 September 2014 at 10:53  

Re-election will no solve the problem if the said "Suck" person keep telling all party to submit more than 2 candidate name.

The "suck" has act beyond this power and who will accountable if the "Suck" nomination of MB fail the Selangor people?

Re-election will not happen because PAS will suffer and balik Kampung. This is not the "Suck" decision to ask PAS balik kampung.

The intention is to follow the "Barang naik" to destroy the PR.

Very simple step to destroy the kampung party.

Hope the PASMA will take over the Kampung party to fight corruption, abuse of power and get justice for the innocent people like Teoh, Sabrini, kugan and Aitantuya murder....etc.

Anonymous,  12 September 2014 at 14:58  

hello anon 10:53,

be careful with your words "suck"!!!

who the fuck do you think you are? chi ma kai!!!

Anonymous,  12 September 2014 at 15:36  

I think sultan can appoint MB immediately, now that Khalid has inked the water agreement with the Fed Govt.

Khalid said he saved for the people of Sgor nearly RM2 billion from the original cost of RM9 billion.

Khalid is smart since he did not say that Splash refused to sign the agreement. If the matter eventually goes to court, Sgor would have to fork out another RM2bill to pay Splash. So for this water deal, Umno Razali's Syabash, an unprofitable coy stands to gain a lot.

I think all the delay in the appointment was because of the water deal. Beats me why Sultan was so concerned whether Khalid has legal executive authority that prompted the State's Legal Advisor to come out with a statement.

Anonymous,  15 September 2014 at 07:54  

Voting again with pleasure. At least now can see the true colors

Anonymous,  15 September 2014 at 11:13  

Simple. Hammer PAS for all this fiasco. Conservative PAS should be voted out. Progressive PAS should be roped in. If there is a snap election, PAS will lose ALL the seats they contest. Hopefully, PASma gets ready. PASma, PKR, DAP amd PSM will be a formidable team against BN. WE need a two-party system.

Anonymous,  15 September 2014 at 13:35  

What if after state election the number of seats won by PKR, DAP,PAS and Umno remained the same as it is now.

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