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Exco appointments row: 10 Negeri Sembilan assemblymen file suit

Court asked to determine whether consent to their appointments could be withdrawn without the Menteri Besar’s advice

4:42 PM MYT

 

KUALA LUMPUR – Ten Negeri Sembilan assemblymen have filed legal action to challenge the cancellation of their appointments as members of the state Executive Council (Exco), seeking a court determination on the constitutional issues surrounding the move.

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, Sinar Harian reported.

The suit was filed at the Seremban High Court on Monday through Messrs Hafarizam Wan & Aisha Mubarak, naming the Negeri Sembilan State Secretary and the Negeri Sembilan state government as defendants.

According to the court documents, the plaintiffs are seeking declarations that the cancellation of their appointments, gazetted under the Negeri Sembilan Government Gazette NS PU 18 dated Sept 24, is null and void and has no legal effect.

They are also asking the court to determine whether the Yang di-Pertuan Besar of Negeri Sembilan could revoke his consent to their Exco appointments unilaterally, without acting on the advice of the Menteri Besar.

“We are seeking a declaration that the cancellation of the appointments gazetted in the Negeri Sembilan Government Gazette NS PU 18 dated Sept 24 is null and void.

“The plaintiffs are also seeking general, exemplary and aggravated damages, as well as interest and costs,” the document stated.

The plaintiffs are further asking the court to determine constitutional questions concerning the authority to terminate or cancel the appointments of state Exco members.

Among the issues raised is whether an Exco member can be removed solely through the withdrawal of the Yang di-Pertuan Besar’s consent without the advice of the Menteri Besar, based on the proper interpretation of the Negeri Sembilan Constitution 1959.

They also question whether the provision stating that an Exco member holds office for as long as the Ruler’s pleasure lasts gives the Yang di-Pertuan Besar unlimited authority to cancel an appointment unilaterally.

The legal challenge follows the cancellation of the appointments of all 10 Exco members, which took effect on Sept 20.

The cancellation 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 recorded in the Negeri Sembilan Government Gazette NS PU 18, published as a Supplement to the 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 Exco.

Lawyer Datuk Mohd Hafarizam Harun, who represents all 10 assemblymen, confirmed the filing.

He said the application was supported by 10 affidavits from the respective Exco members, as well as an additional affidavit from the Menteri Besar.

The case is scheduled for an online hearing via Zoom before Judge Roz Mawar Rozain on Oct 21.

The court proceedings will determine the legal and constitutional questions surrounding the authority and procedure for cancelling the appointments. – October 7, 2026

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