Lawyers representing V. Sivakumar had to withdraw after the High Court here ruled that private lawyers could not represent the State Legislative Assembly Speaker in a suit filed by the Perak mentri besar.
Judicial Commissioner Ridwan Ibrahim ruled in chambers that private lawyers had no locus standi and could not represent the Speaker.
Ridwan said that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.
Sivakumar’s lead counsel, constitutional expert Tommy Thomas, said they would await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling.
Perak Mentri Besar Datuk Dr Zambry Abdul Kadir filed the suit to seek a court declaration that Sivakumar’s suspension of Dr Zambry and his six executive councillors from the state assembly was unconstitutional and ultra vires the state constitution.
He is also seeking court declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.
Later, Umno legal adviser Datuk Mohd Hafarizam Harun, who is acting for Dr Zambry, said they had raised an objection over the fact that the five lawyers representing Sivakumar were not part of the Attorney-General’s Chambers and had not gained permission from the state legal advisor to represent the Speaker.
He also said that Ridwan will also hear at 2:30pm an injunction filed to stop any further “illegal” Assembly meetings by the Perak Speaker or Opposition assemblymen.
He said the injunction had been filed by Dr Zambry and the six exco members as interim relief with the originating summons against Sivakumar on Monday.
Mohd Hafarizam said that the state legal advisor or his appointed representative will appear for Sivakumar at the injunction hearing Tuesday afternoon.
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