20090531

Nizar seeks to bury stay order

By Debra Chong (The Malaysian Insider)

KUALA LUMPUR, May 13 — Pakatan Rakyat's (PR) Datuk Seri Mohammad Nizar Jamaluddin is applying today to set aside yesterday's Court of Appeal order to stay his declaration as the rightful mentri besar of Perak.

A lawyer for Nizar told The Malaysian Insider the legal team will be filing the application at the same court in Putrajaya after lunch.

Court of Appeal judge Datuk Ramly Ali had yesterday granted Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir's request to suspend the declaration, effectively preventing Nizar from carrying out the duties of an MB until his appeal proper is heard.

Zambry had filed his appeal early yesterday morning.

Nizar had sued Zambry in the High Court for "usurping" the MB's post in February.

High Court judge Datuk Abdul Aziz Abdul Rahim decided in Nizar's favour last Monday.

Justice Abdul Aziz ruled that Nizar was the lawful MB, noting he had not resigned nor been officially removed by members of the Perak Legislative Assembly, which can only be carried out through a vote of no confidence tabled against him on the floor of the assembly.

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