PETALING JAYA: The Selangor state government might be rudderless at the moment but the state exco and the state government is functioning as usual.
PKR vice presidet N Surendran said the State Exco and government will continue to function as usual. It is incorrect to suggest that Selangor has no government because of Khalid’s sacking.”
Surendran explained in a statement that Khalid’s sacking merely meant that the latter no longer enjoys the confidence of the majority of state assemblymen.
He backed up is claim saying, “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.”
Surendran was also quick to point out that in the meantime, the State Exco and government wound continue to function as usual and serve the people of Selangor as they had in the past.
“It is incorrect to suggest that Selangor has no government because of Khalid’s sacking,” Surendran said.
He added, “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.”
Surendran said that since the incumbent had yet to tender his resignation to the Ruler, the State Exco would remain intact and continue to function as before.
“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,” Surendran explained.
There is also Article 53(7) to consider, which states that the Exco shall hold office at the Ruler’s pleasure.
As such the sacking of the MB by his party in no way deprives the Exco of executive authority or does it lay any obligation upon them to resign.
Surendran also pointed that it was clear in Article 50 of the state constitution that the executive authority of the State is exercisable by the Ruler or the State Exco.
“Be that as it may, the MB by virtue of Article 53(2)(a), presides over the State Exco,” Surendran said adding that it was important all the same for this matter to be resolved quickly.
Surendran also explained that although the Ruler appoints the Exco upon the advice of the MB, it was the respective Pakatan Rakyat (Pakatan) component parties that decided upon and nominated State Exco members for the Ruler’s consideration.
Surendran said it was of paramount importance that everyone understood that Selangor had not been plunged into any sort of constitutional or administrative crisis because of Khalid’s sacking from his party over the weekend.
“The Barisan Nasional (BN) has many times changed MBs without any suggestion of a constitutional crisis,” Surendran pointed out.
Pakatan now has 43 seats as opposed the BN’s 12, giving Pakatan all the “legal, constitutional and moral authority to continue to form the government of the State of Selangor,” Surendran said.