KUALA LUMPUR (Oct 7): The 10 Negeri Sembilan executive councilors have filed an originating summons (OS) at the Seremban High Court to challenge the revocation of their appointments, which took effect on Sept 20.
They named the Negeri Sembilan state secretary and the state government as defendants in their challenge to the validity of the Sept 24 state gazetted order.
The suit was filed by law firm Messrs Hafarizam Wan & Aisha Mubarak on Monday.
The 10 exco members who filed the suit are Datuk Mohd Faizal Ramli, Datuk Zaifulbahri Idris, Datuk Mustapha Nagoor, Siow Kong Choon, Siti Nur Umaira Hasim, Datuk Mohd Asna Amin, Datuk Mohd Razi Mohd Ali, Suhaimizan Bizar, Mohd Fairuz Mohd Isa and Datuk Razali Abu Samah.
The filing of the suit further complicates the Negeri Sembilan imbroglio, which started with several undang, or customary chieftains, issuing a proclamation in April to remove Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir over alleged violations of the state's Adat Perpatih system of governance.
The dispute has drawn in the state's political players, which usually stay away from palace affairs.
The 10 exco members are seeking a declaration from the High Court on the validity of Tuanku Muhriz cancelling their appointments, which was done without the ruler consulting Menteri Besar Datuk Ismail Lasim but has been published in the Negeri Sembilan gazette on Sept 24.
They claim that Article XXXVIII(5) of the Negeri Sembilan constitution, read together with Articles XL(1), XL(1A) dan XL(2), requires that the ruler consult the menteri besar before removing an exco member.
The originating summons is filed with an affidavit in support by the 10 exco members and another additional affidavit by Ismail.
They are also seeking an expedited hearing as they are raising vital constitutional questions concerning the offices and functions of the state exco.
They are also seeking general, exemplary and aggravated damages to be assessed by the court.
Case management has been set for Oct 21.
MB Ismail reiterates, he never advised removal
Ismail said in his affidavit sighted by The Edge that the state exco, the state secretary, state legal adviser and the state financial officer held a meeting on Sept 15 to discuss Tuanku Muhriz's dispute with the four Undangs.
The outcome of the meeting was the exco agreeing to endorse an April 19 proclamation by the four undangs to dethrone Tuanku Muhriz.
The ruler announced the sacking of the exco on Sept 20. Ismail was not removed.
“I have done my task as the MB along with the other plaintiffs and the Sept 24 gazette issued by the NS state secretary announcing their removal according to Article XXXVIII(5) NS Constitution, effective Sept 20, was done without my advice as MB.”
Ismail said he had never given advice which led to the palace to announce the removal of the 10 exco members, nor did he offer to resign or suggested that the state assembly be dissolved.
He added that on Sept 24, he issued a media statement asking the authorities to reconsider its decision to prevent the 10 exco members from entering their office.
“I made the statement as the matter of administration, development and assistance to the people involve the many departments and state agencies which need uniform coordination in the running of the administration,” Ismail said.