OCTOBER 10 — On Friday, Datuk Seri Sulaiman Md Ali said the letter advising Melaka Tuan Yang Terutama Tun Mohd Ali Rustam to dissolve the state legislative assembly was “My letter to Tun was when I was still the CM. So, I handed it over to Tun and it was up to him ,” Sulaiman told reporters.
“After four assemblymen withdrew their support for the chief minister, based on the state constitution, the chief minister lost his appointment and eligibility to advise TYT,” the presidential council It is curious that such a statement should be made given that the dissolution of the SLA mirrors the dissolution of the Sabah SLA in July last year.
Musa said he had wanted to request the YDPN to rescind the latter’s consent to dissolve the SLA and to instead appoint him as CM, but he was barred from entering the palace. It is well settled that if an authority exercises a power under the law, but the source of that power is not specifically referred to or a reference is made to a wrong provision of law, that by itself does not vitiate the exercise of power so long as the power does exist and can be traced to a source available in law.
While the Court of Appeal agreed that Shafie had lost the majority support in the SLA and therefore no longer the CM to render any advice to the YDPN, the dissolution of the SLA is the prerogative of the latter. v Dato’ Seri Dr Zambry bin Abdul Kadir [2010] which explains the application of the Constitutional provisions on dissolution of legislative assemblies, the Court of Appeal held that the decision whether or not to dissolve the SLA is in the absolute discretion of the YDPN.
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