Ten Negeri Sembilan assemblymen have filed an originating summons against the state secretary and the Negeri Sembilan state government, challenging the cancellation of their appointments as members of the State Executive Council (Exco).
The plaintiffs are Linggi assemblyman Datuk Mohd Faizal Ramli, Chembong assemblyman Datuk Zaifulbahri Idris, Palong assemblyman Datuk Mustapha Nagoor, Chennah assemblyman Siow Kong Choon, Labu assemblywoman Siti Nur Umaira Hasim, Lenggeng assemblyman Datuk Mohd Asna Amin, Sungai Lui assemblyman Datuk Mohd Razi Mohd Ali, Gemencheh assemblyman Suhaimizan Bizar, Serting assemblyman Mohd Fairuz Mohd Isa and Sikamat assemblyman Datuk Razali Abu Samah.
They filed the suit on Monday through Hafarizam Wan & Aisha Mubarak.
According to court documents, the 10 plaintiffs are seeking a declaration that the cancellation of their appointments was null, invalid and of no legal effect.
They are also challenging whether their appointments as Exco members can be revoked solely through the withdrawal of the Yang di-Pertuan Besar’s consent without advice from the Menteri Besar.
“We seek a declaration that the cancellation of the appointments gazetted under the Negeri Sembilan Government Gazette NS PU 18 dated Sept 24 is null and void,” the documents stated.
The plaintiffs are also seeking general, exemplary and aggravated damages, as well as interest and costs.
They have asked the court to determine constitutional questions concerning the authority to revoke Exco appointments, including whether an Exco member can be removed solely through the withdrawal of the Yang di-Pertuan Besar’s consent without advice from the Menteri Besar.
The plaintiffs are also questioning whether the provision stating that an Exco member holds office for as long as the Ruler consents gives the Yang di-Pertuan Besar unlimited authority to revoke an appointment independently.
The case is scheduled to be heard online via Zoom before Justice Roz Mawar Rozain on Oct 21.
Lawyer Datuk Mohd Hafarizam Harun, who represents all 10 assemblymen, confirmed the filing, saying the application was supported by 10 affidavits from the Exco members, as well as an additional affidavit from the Menteri Besar.
The appointments of the 10 Negeri Sembilan Exco members were revoked with immediate effect on Sept 20.
The revocation was consented to by Yang di-Pertuan Besar Negeri Sembilan Tuanku Muhriz Tuanku Munawir under Article XXXVIII(5) of the Negeri Sembilan Constitution 1959.
The decision was published in the Negeri Sembilan Government Gazette, NS PU 18, in the Supplement to Legislation, Volume 79, No. 39.
The gazette stated that all 10 Exco members had taken and signed their oaths and pledges of allegiance before Tuanku Muhriz on Aug 7 before assuming their positions in the state executive council.
