Hold fresh elections to end the Perak constitutional impasse


by Dr. Chen Man Hin

Prime Minister Najib Razak was reported in the press to have cautioned elected Perak state representatives to follow the rule of jaw, as the pandemonium on Thursday 7th May and that unruly behaviour of elected leaders followed the law of the jungle instead of the rule of law.

Well said, except that the party that begun the law of the jungle was none other than UMNO, the party of the Prime Minister because he master-minded and executed the take-over of the Perak state government by using unconstitutional means.

His plan first arraigned two PKR state excos on trumped-up charges of corruption and compelled them to leave the PR and later to support Barisan National.

Next the Jelapang state assemblywoman was induced to leave DAP and support Barisan National with promises so huge as to be beyond imagination.

The admission of these three extra members to the Barisan side gave them an alleged majority in the state assembly to stake claim of eligibility to form the state government.

THE NEXT STEP WAS TO INDUCE ROYALTY TO DISSOLVE THE PERAK STATE ASSEMBLY AND FORM A NEW BARISAN LED GOVERNMENT.

THIS WAS THE CRUCIAL MOVE BUT IT WAS UNCONSTITUTIONAL AND ILLEGAL, AS IT WAS ULTRA VIRES THE PERAK STATE ASSEMBLY STATUTES.

The Perak Mentri Besar can only be removed by a vote of no confidence in the Assembly which was never done. Under the Perak Constitution, the Sultan of Perak has the power to appoint but not the power to remove the Mentri Besar.

Hence, the legal Perak government is still the PR government and not Barisan. Tun Dr Mahathir stated emphatically two days ago, that the power to dissolve Parliament rested with the members of parliament and not the Agong.

Similarly, the power to dissolve the Perak state assembly rested not with the Sultan, but with the members of the assembly. The sultan cannot appoint the new government. It is the state assembly that forms the new government.

So it is the Prime Minister assisted by his kitchen cabinet who has not followed the rule of law and instead adopted the law of the jungle – of threats, bribery and ignoring the Perak Constitution.

It is also obvious that PM Najib has also subverted the Attorney-General Gani Patai who dared to claim that the Sultan of Perak has the power to dissolve and appoint a new government in Perak, in direct contradiction to the views of Tun Dr Mahathir

IGP NOT ABIDING BY RULE OF LAW

Sdr Karpal Singh was accosted and surrounded by belligrent UMNO leaders at the entrance hall of Parliament some months ago, with police officers who were standing by, kept silent and did nothing to protect Karpal Singh from the hostile Umno group.

When pressed for an explanation IGP Tan Sri Musa Hassan, said policing Parliament did not include Parliament affairs, and therefore the police did not intervene to protect Karpal.

On the other hand, the police were actively engaged in taking the side of Barisan within the Perak State Assembly. Police officers in plain-clothes actively dragged, pushed and bundled Speaker Sivakumar out of the assembly, despite protests from the Speaker. The scene was captured live on camera and TV.

IGP Musa should explain the coarse and humiliating act of his police officers, who brutally wrenched the lawful Speaker out of the Assembly.

His police officers were supposed to maintain peace and order. Instead they joined in the mayhem and gave full support to Barisan leaders to oust the legally appointed Speaker, and then quarantined him for an hour.

IGP Musa should explain the double standards of his police officers and why were his officers so biased against PR by manhandling the legal Speaker and preventing him to fulfill his duties as Speaker.

IGP Musa should be reminded that the police force is mandated to be impartial and to maintain law and order and execute their duties in the interests of the people and justice, and not be a puppet of the government. If they see injustices perpetrated by the government, the police should not condone the injustices, but must prevent any wrongdoing.

The IGP should not be involved in partisan politics. His calling is higher, which is to safeguard justice, security and law and order for the people.

TIME TO CALL FOR FRESH ELECTIONS OF THE PERAK STATE GOVERNMENT TO SOLVE THE POLITICAL IMBROGLIO.

It is obvious that the present political scenario is unacceptable and unsustainable from the political, economic and social viewpoints.

The uncertainties will affect economic development and will add to the burdens imposed by economic recession. Unemployment will increase.

The PR government which was mandated to be the government after March 8th 2008 has been ousted by an unconstitutional coup d’etat. The upstart Barisan government is in the driver’s seat but it is proving to be most unpopular and does not enjoy the confidence of the people.

The people deserve to have a government of their choice, in order that the state of Perak can move forward and give the people more opportunities and a better life.

THE SOLUTION IS TO HAVE FRESH ELECTIONS FOR THE STATE OF PERAK, TO ELECT A PEOPLE-CENTERED GOVERNMENT. THIS IS THE GENERAL CONSENSUS AMONG THE PEOPLE, AND NGOS INCLUDING THE BAR COUNCIL OF MALAYSIA. HUNDREDS OF LAWYERS DEMONSTRATED YESTERDAY TO CALL FOR FRESH ELECTIONS IN PERAK.

  1. #1 by k1980 on Sunday, 10 May 2009 - 5:59 am

    In retrospect, Kota Alam Shah Assemblyman M. Manoharan would had been freed ages ago had he agreed to hop over to BN, as the 3 perak frogs had done. He would also had become a millionaire

  2. #2 by chengho on Sunday, 10 May 2009 - 6:27 am

    Bar Council is another wing of PKR? ask them to register properly as political party …
    Dr Chen
    do u have any son in politic?
    anyway Happy mother’s day…

  3. #3 by Bigjoe on Sunday, 10 May 2009 - 8:19 am

    Its too late. The problem is if Najib caves in now, he might as well resign beating Badawi as the shortest term PM in Malaysian history.

    Perak people’s right, dignity and self-respect vs. Najib’s career. Its not going to happen without someone dying on the street and even then….

  4. #4 by ctc537 on Sunday, 10 May 2009 - 8:36 am

    To see who used the law of the jungle, just return the mandate to the Perak voters. No need to accuse the PR of using the law of the jungle. People have sharp eyes, they know who is in the right, and who is in the wrong.
    The eunuch from Yunnan never uses his brain. How can he say Bar Council is another wing of PKR? Aren’t there BN people in the Bar Council too? Since you don’t like Bar Councilor, then the alternative is use the law of the jungle.

  5. #5 by wanderer on Sunday, 10 May 2009 - 10:09 am

    Don’t be bitchy admiral chenho, you sure know which side of your bread is buttered…sadly, it is the only talent of a Eunuch!

    Dr Chen, asking these UMNO goons to contest in a fresh election, where do they have the balls!
    Play dirty politics is in their second nature…….

  6. #6 by a2a on Sunday, 10 May 2009 - 10:17 am

    After watched the Assembly Hall video 7th May the BN barbarian act.

    If the VVIP still do not dissolve the Perak State Assembly then it is considered a selfishness act of oneself who do not care the reputation of the VVIP house and 8 other VVIP reputation.

    The HOUSE may be destroyed by his selfishness act of oneself.

    It is still not late to uphold the reputation and dissolve the State Assembly.

    Maybe it resolve if 8 other VVIP have words on this matter after watch the BN barbarian act.

  7. #7 by vsp on Sunday, 10 May 2009 - 10:19 am

    BN represents the majority and the minority has no right to protest the take over of the Perak state government, so says the walking Zoombie.

    Then prove it, stupid and let the people punish PR through a by-election. This is the most cost-effective way to solve the problem.

    No need to make the sultan into a moron, the police the goons and the judiciary the prostitute. Malaysia has suffered enough from this fiasco. We don’t need to be a nation of political eunuchs.

  8. #8 by cemerlang on Sunday, 10 May 2009 - 11:09 am

    Why is it that educated people forget how to think properly ? Or is it that education has nothing to do with sins, being bad, being in the dark side of life, being unfair ? Or is it ego, stubborness, self righteousness that cause the stupidest one and the intelligentest one not to give way ? So, where do we go from here ? Exactly whom do we listen to ? The high and migthy one ? Or the lowly and the weak ones ? Does one carry the voices of all ? Do all carry the wishes of all ? What is right and what is wrong ? What is sin and what is salvation ? We can be preachy and we can go round and round and round in circles. Until we decide to do otherwise. Until we decide to put our feet down and say enough is enough. Just like a mother about to give birth. In pain and in struggle, she hopes and prays that all these will end and a new chapter of life will begin.

  9. #9 by boh-liao on Sunday, 10 May 2009 - 11:13 am

    It’s creepy to read people write about RULE OF LAW
    and to hear people talk about RULE OF LAW.
    Ada such thing as RULE OF LAW aaaaaah in M’sia?

  10. #10 by a2a on Sunday, 10 May 2009 - 11:49 am

    Is BN so interested Perak because of its rich mineral resources?

    Is anyone take control of the Perak state that they can steal the state mineral resources undetect/unaudit?

    If it is true, Perakian you can expect lost in revenue of billions from the state resource.

  11. #11 by vsp on Sunday, 10 May 2009 - 11:56 am

    Manoharan not quitting, no by-election in Kota Alam Shah

    Hear that, chengho, the eunuch. A few days ago you were taunting LKS hoping you will be having your biggest erection back. Once you have your balls castrated you cannot get back your erection, get it?

  12. #12 by Godfather on Sunday, 10 May 2009 - 12:10 pm

    Why will they hold fresh elections which they know they will lose ? All they want is to buy time until 2013. In the next 4 years, the illegitimate government can do a lot of things like re-demarcation of constituencies, offer sweet deals to new kataks from PR, give contracts to cronies so that the money can be used to buy votes in 2013, etc etc.

    Nah, they won’t hold fresh elections. They have everything they need – support from the Police, the judiciary, the civil service, the royalty. They just have to execute their game plan for the next 4 years.

  13. #13 by Observer 2 on Sunday, 10 May 2009 - 12:12 pm

    The way things are heading UMNO led BN greatest fear is going for a by Snap election in Perak ( not until the 13GE.) Zambry and his Co had his Boss Blessing to cling on the MB position and the HRH is dead silent of a dissolution of the Perak Assembly. The only recourse for the PR coalition is to seek a judicial judgement on the 7th May State Assembly mayhem..

  14. #14 by a2a on Sunday, 10 May 2009 - 12:31 pm

    Majority Peruvian do not know that their ancestors were the pioneer standup support democracy and risking their life to fight against the communist during emergency before this country Malayan independent.

    Now, there are people using barbarian act to steal your rights of demand justice and democracy.

    Don’t be a coward. Standup with courage like your ancestors defense and demand your rights from the hijackers.

  15. #15 by a2a on Sunday, 10 May 2009 - 12:33 pm

    Majority Perakian do not know that their ancestors were the pioneer standup support democracy and risking their life to fight against the communist during emergency before this country Malayan independent.

    Now, there are people using barbarian act to steal your rights of demand justice and democracy.

    Don’t be a coward. Standup with courage like your ancestors defense and demand your rights from the hijackers.

    IT IS YOUR RIGHTS.

  16. #16 by distantmalay on Sunday, 10 May 2009 - 12:37 pm

    hear this eunuch chengho, BN still indecisive on penanti because they do not have the balls, like you.

  17. #17 by monsterball on Sunday, 10 May 2009 - 1:14 pm

    They dare not hold State election.
    So many pro UMNO buggers are saying oppositions are trouble causers…without realizing their suggestion is most democratic to settle things.
    UMNO holds all the 4 aces in this unfair and unjust game…which I admire the ever brave and stubborn oppositions…doing what they need to do…to show how democratic UMNO is.
    The message is so so clear.
    UMNO tries to provoke and create fear. PR will always have brave sacrificial lambs…to expose them.
    Chengho is a real bast..d …talking with no respect to DAP retired President…Dr.Chen who can be his grandfather. With such sickening personality..it is so clear…he comes from a family with no proper up bringing and he joins MCA…just to come here to put out all his idiotic remarks.
    I wonder does his family really approve all his comments.
    He has lost the very essence of the strong Chinese culture we are deeply rooted with…our manners…reputation and dignity.
    I used to talk the same language to gangsters….talking big…but pee in their pants..when arrested..no more a group to talk big.
    Chengho reminds me…talking big…hiding under internet.
    In real life..this cockroach will migrate and run like hell.
    He is 100% pure MCA animal.

  18. #18 by kevchua on Sunday, 10 May 2009 - 1:17 pm

    Fresh elections would have been held long ago if someone had the cow sense to do it.

    Yeah now it’s too late. No matter how many protests, how much we crave for a fresh election, it’s not gonna happen. Why? The opposition is not in power. BN will keep holding on – never mind if the Perakians hate them – if they’re lucky, the oppositions’ wish for democracy might well backfire especially when people want peace and get on with life. The opposition should listen to the people – wait for GE13 to throw BN out coz that’s the only way now. Doing so does not mean that we’re surrendering now. It shows we’re more mature than BN – and people will respect the opposition more.

    Isn’t that what we all want to see?

    If the opposition keeps dragging this (even if BN were wrong), eventually those who support PKR, DAP or PAS might just turn around and say that you’re as bad as BN.

    WAIT for the next General Election; in the meantime, serve your constituents because the people who have elected you need your help now. They’ve been deprived when you guys were busy fighting for democracy.

    I’ve lost all hope in BN, so I don’t want the opposition to be another BN. You guys must be more mature; let those kids lick their lollipops and cling to mommy for now. Come General Election 13, you guys show them you’re the daddy who will take charge of the House.

  19. #19 by frankyapp on Sunday, 10 May 2009 - 1:20 pm

    Yeap guys,why must Umno/Bn hold on to it’s power in Perak dispite the controversy ? What’s their motives ?. Don’t they have any conscience ?.They know and everyone knows that fresh election is the only best way to settle this political impasse but they just dont bother.Can it be the previous Umno/Bn administration had done many great corrupted damages to the state involving many present top leaders ?. They needed to control the Perak state to protect these leaders,right ?.Like I said NR would do anything to protect himself and his gang members,who would not,under the circumstances ?. Hence fresh state election,no way,guys ! It’s becoming more likely the 13GE would be uncertain ?.Just mark my word.

  20. #20 by DAP man on Sunday, 10 May 2009 - 1:48 pm

    \THE NEXT STEP WAS TO INDUCE ROYALTY TO DISSOLVE THE PERAK STATE ASSEMBLY AND FORM A NEW BARISAN LED GOVERNMENT.\

    Something is not right in the above sentence. I think he means \to dismiss the MB and form a new BN govt.\

    ====================================
    Najib was quoted as saying that when UMNO did in Perak was constitutional. If these are constitutional then to c4 a poor woman is also constitutional.

  21. #21 by a2a on Sunday, 10 May 2009 - 1:49 pm

    A LOSER – one believed he can’t have/get/do it he want before he have it.

    A WINNER – one believe he can have/get/do it he want before he have it.

    You want be a WINNER or LOSER.

    It is all up to you be a WINNER or LOSER.

  22. #22 by a2a on Sunday, 10 May 2009 - 1:52 pm

    WANT TO BE A WINNER.

    DON’T GIVE UP YOUR FIGHTAND DEFENSE because God’s and justice are on your side.

  23. #23 by wanderer on Sunday, 10 May 2009 - 2:18 pm

    It is about time, Malaysians should revisit the issue of being a Republic. What good of having royal leeches if their interests lie solely in their private companies…this PerakState impasse is obviously, the reason of divided loyalty of the sultan’s private interests and his royal subjects.
    Gone are the days when the monarchs are considered a safety net for the rakyat…today, it is just an elusive dream.
    Pity Tun M did not finish the job completely…he should not only clipped the flying sultans, he should have completely clipped their marbles!

  24. #24 by wanderer on Sunday, 10 May 2009 - 2:20 pm

    sorry typo error; it should read, ‘he should completely clipped the wings of the flying sultans….

  25. #25 by pwcheng on Sunday, 10 May 2009 - 2:35 pm

    The BN knows that they will even loose their pants if there is a by-election in Perak. So it isi not surprising that they have to use the law of the jungle to do it but Najib thinks he is cunning enough to say that the PR is making use of the law of the jungle. He thinks we are all dumb ans so is the police who uses selective procedures to handle their cases.

  26. #26 by ekans on Sunday, 10 May 2009 - 6:31 pm

    On 10 May 2009 at 06:27.50, chengho said:
    Bar Council is another wing of PKR? ask them to register properly as political party …

    If you are a lawyer who wishes to practise law in Malaysia, you join the Bar Council of Malaysia.
    Although there are lawyers in politics, not all lawyers are politicians.
    The lion MP is a lawyer and also a politician, but he stood for elections as a member of DAP, not the Bar Council.
    I believe the Bar Council’s view that there should be fresh elections in Perak is due to its interpretation of the constitution as an organisation made up of lawyers, not because it wants to be a political party.

  27. #27 by Tonberry on Sunday, 10 May 2009 - 7:09 pm

    1Malaysia?! Ptuii!!
    You cant even have 1Perak..

  28. #28 by siamo on Sunday, 10 May 2009 - 9:39 pm

    I strongly suggest that the Pakatan ADUNs do not participate in any of the sessions for rest of the term of this assembly. To participate is to give legitimacy to the BN formed government, legitimacy to the actions of all the machinery of the State and the People. When say the Machinery of State, I mean the State Secretary, the Sergeant at Arms, the Police, the civil service and the Judiciary.

    By participating, the Pakatan ADUN will also give legitimacy to the actions of the Sultan, who is not following the constitution.

    I am surprised that Pakatan has not proposed this yet. I am sure that the Pakatan ADUNs can afford to sacrifice the monetary benefits.

  29. #29 by taiking on Monday, 11 May 2009 - 9:08 am

    Hold fresh election in perak? That is as good as hanging themselves! There are two possibilities of this happening though; i.e. holding fresh election. 1) If pakatan promise not to investigate their misdeeds and corrupt practices. 2) If pakatan promise to let them continue to earn their fat income for another 10 yrs (or longer). Neither of which can be possible.

    Legally, a fresh election is due as a result of the dissolution by nizar. But illegally, the election had been withheld by the bogus idiot who now calls himself something like MB (which move unfortunately had royal backing). But believe me. Being power crazy and super greedy, there will be more to come – more of those equally stupid and idiotic and illegal moves by them.

    In the face of an increasingly educated and younger group of voters, who view arrest and isa detention as baptism of freedom, those power crazy idiots will become clueless as to how best to handle their position and the people’s demands. The gap can only grow wider leaving more room for more mistakes and stupid moves by them. This will just continue. Umno is already a mess internally and they have now made of mess of the situation nationally. Our international reputation may only be found in the gutter.

    The people are now standing up and speaking out. I think the time has come for the royalty (or agong as the case may be) to come out into the open with their independant stand (I said this because I believe the perak sultan’s decision not to dissolve the assembly was not an independant stand). Dont leave all the talking to raja petra alone! Help him. Support him.

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