There is mounting confusion over the powers of Perak Speaker V Sivakumar to convene an emergency sitting of the state assembly this Tuesday.
Today, state assembly secretary Abdullah Antong Sabri cited the Perak constitution and the legislature's standing orders in pointing out that only the state ruler can call a for a sitting of the law-making body.
In a statement, he said that while Standing Orders 8 (1) allows the Speaker to disregard the usual 14-days notice needed to call for a sitting in the case of an emergency, a proclamation is still needed by the Sultan.
He pointed out Standing Orders 10 (1), which states that "The Sessions of the Assembly shall be held at such times and places as His Highness Paduka Seri Sultan Perak Darul Ridzuan shall from time to time by proclamation published in the Gazette appoint."
"As such it is the Sultan who has the absolute power to call the assembly," he said.
He also cited Article XXXVI (1) which states "His Royal Highness shall from time to time summon the Legislative Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session."
The article, he said, also clearly shows the power to call for a sitting lies with the Sultan.
Meanwhile, lawyers for the Speaker said the sitting would proceed as planned despite the deputy prime minister's remarks that the sitting cannot be held due to pending court decisions.
They said that the courts cannot stop the sitting of a state assembly as the two branches of government will not interfere with each other.
Citing Article XLIV of the Perak state constitution, counsel for the speaker Augustine Anthony, said that the legislative assembly shall regulate its own proceedings and may from time to time make, amend or revoke standing rules and orders for the regulation and orderly conduct of its own proceedings.
"The house regulates its own proceedings," said Augustine. "The administrative arm of the state should assist the speaker to convene the meeting according to the law."
On February 13, ousted Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin initiated court action in the Kuala Lumpur High Court in order to get a declaration to be recognised as the rightful mentri besar of the state.
Deputy prime minister Datuk Seri Najib Razak told reporters yesterday that "the sitting cannot be held due to court action" and "we have to wait for the decision of the courts first."
The legal team also rebutted Perak Menteri Besar Datuk Zambry Abdul Kadir's comments yesterday that the speaker is acting ultra vires the state constitution and circumventing the Sultan of Perak.
Augustine said that as an adjourned sitting, the session is not dissolved or prorogued and therefore does not require the consent of the Sultan.
"The emergency sitting is being held within the 12th assembly so he (the speaker) has the power to call the meeting," said Augustine.
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