Questions are being raised on an apparent decision from the higher ups to appoint new judges to oversee two of the Perak cases - one mentioned today and the other yesterday.

The suit by ousted Perak menteri besar Mohd Nizar Jamaluddin against Barisan Nasional's Zambry Abd Kadir will be heard before a new judge tomorrow.

nizar jamaluddin dr zambry abdul kadir perak High Court judge Abdul Aziz Abd Rahim will be hearing the matter starting with a leave application for the proper suit to follow at 2.30pm in the Kuala Lumpur High Court.

The matter was previously before Justice Lau Bee Lan. No reasons were given for the sudden transfer of the case, which was relayed to the parties this morning.

Abdul Aziz is a High Court judge who was just transferred from Sarawak. Today was his first day at work in Kuala Lumpur.

During proceedings, he said the first issue to be determined in a judicial review was whether leave should be granted before the application could be heard.

Following this, he directed Mohd Nizar's lead counsel Sulaiman Abdullah and Senior Federal Counsel Kamaluddin Md Said, representing the Attorney-General's Chambers, to submit on the issue tomorrow.

AG to object leave application

Kamaluddin informed the court that the AG had instructed him to object to the leave application.

"The Federal Court has maintained the status quo in the case and if the application continues, we have to object to it," he said.

Sulaiman then told the court that he would like to apply for a postponement as he had to see the points of objection to be made by the AG.

Following this, Justice Abdul Aziz ordered that Kamaluddin submit his written objection to court today and a copy be forwarded to Sulaiman.

"I intend to hear the case next week. Tomorrow we will fix to hear the leave application and I will deliver my decision on Friday. If leave is allowed, the full hearing will then begin next week," he said.

"I think Kamaluddin and Sulaiman are experienced people and with their able assistants, they can submit on the leave application within a day," he added.

Mohd Nizar' suit against Zambry is to determine the legitimate Perak menteri besar.

In the suit filed on Feb 13, Mohd Nizar, among others, is seeking a declaration that he is the rightful Perak menteri besar.

He is also seeking an interpretation of Article 16(6) of the Perak constitution on when can the menteri besar's post be vacated.

In his application, Mohd Nizar said Zambry should cite the authority that allowed him to legitimately become the menteri besar.

Mohd Nizar is also seeking a declaration that Zambry has no right to be menteri besar at any material time plus an injunction to prevent him or his agents from continuing his task and role as the menteri besar.

The case came up today after the Federal Court decided that the two cases (Perak Speaker V Sivakumar and Mohd Nizar's) cases must be heard at the High Court before coming to the Federal Court.

This followed an unanimous decision by the apex court before a five-member panel led by Court of Appeal president Justice Alauddin Mohd Sheriff. The other judges were Chief Judge of Malaya Justice Arifin Zakaria, Justice S Augustine Paul, Justice Zulkefli Ahmad Makinudin and Court of Appeal judge James Foong.

The case was earlier before Judicial Commissioner Mohamad Ariff Md Yusof. However, Mohamad Ariff decided to recuse from hearing the case.

Different judge for speaker's case

perak speaker v sivakumar 270309 02 The suit by the three assemblypersons against Sivakumar yesterday was initially scheduled to be heard before Judicial Commissioner Ridwan Ibrahim.

However, lawyers from both parties were informed to appear before Justice Balia Yusof Wahi instead.

Justice Balia is a High Court civil division judge who had been brought specifically from Kuala Lumpur to hear the case.

According to one of the lawyers representing Sivakumar, Edmund Bon, they were not informed of the change until the very last minute.

Bon also said that no reason was given for the change.

"As a result of this, we had to walk to the old court room where the case was scheduled," he said, adding that submissions on the case lasted until 7pm.

Attorney-General Abdul Gani Patail was present for that case making his submission for the Election Commission.

It is learnt that only the Chief Judge of Malaya Justice Ariffin Zakaria can order a change of judges.

Today is fixed for decision on whether the three former Pakatan Rakyat exco members and three constituents from Changkat Jering, Behrang and Jelapang will be allowed to be interveners on SIvakumar's side.

It is also fixed for decision on Sivakumar's striking out application. It is learnt that despite the case being heard in the courtroom, reporters were not allowed in.

The three assemblypersons Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) filed the suit against Sivakumar seeking a declaration that their supposed resignations are invalid.

The six interveners include former Pakatan excos A Sivanesan (Sungkai), Tai Sing Ng (Kuala Sepetang) and Chen Fook Chye (Keranji).

They were joined by three voters - Ahmad Sabri Wahab, Ahmad Latip Ariffin and Foo Hong Wai - from the Behrang, Changkat Jering and Jelapang.constitutuency respectively.

Sivakumar's application struck out

Later this afternoon, Justice Balia dismissed the striking out application by Sivakumar's counsel with costs.

He also dismissed the application by the three Pakatan Rakyat former exco members and three voters.

The judge also ordered costs on the six applicants.

Balia delivered his decision in chambers after the public was barred from covering the matter due to the huge number of lawyers involved.

According to one of the counsels representing Sivakumar, Leong Cheok Keng, Balia dismissed the striking out application as the judge felt the Speaker has no wide immunity to decide on the resignation made by the three affected assemblypersons.

He said the judge also felt the Speaker was not acting together in accordance with the House rules in accepting the three resignations.

On the decision to dismiss the application by the six interveners, Leong said the court felt they do not have enough locus standi (legal standing) to be considered in the application.

With today's ruling, the case has been fixed for mention again on April 8.

Balia, was specifically brought from the Kuala Lumpur civil court to hear Sivakumar's case since yesterday.

Meanwhile, the same case is expected to be heard at the Federal Court on Friday to decide on two issues namely:-

* which entity (either the Election Commission or the Speaker) could decide the state assemblypersons’ disqualification.

* whether the disputed resignation can be considered valid.