This article first appeared at The Malay Mail on 24 May 2018.
A storm in a teacup is brewing in the tiny state of Perlis.
Two weeks after GE14 on May 9, 2018, Perlis remains the only state which has not sworn in its mentri besar.
BN won 10 out of the 15 state seats, but an internal tussle for the menteri besar post had resulted in a political gridlock. The situation was so dire that even acting Umno president Datuk Seri Ahmad Zahid Hamidi and acting Umno deputy president Datuk Seri Hishammuddin Hussein had to personally request for an audience before the State Ruler on May 23, 2018.
It was reported that three names were submitted to the Raja Perlis for the candidate of mentri besar: incumbent Datuk Seri Azlan Man (Bintong), Datuk Ismail Kassim (Tambun Tulang) and Azizan Sulaiman (Santan).
A swearing in ceremony was arranged on May 24, 2018 ― suspense was high as no one really knew who would be chosen as mentri besar.
Article 39(1)(a) of the Perlis State Constitution states that the Ruler shall appoint as mentri besar a State Assemblyman who in His confidence commands the majority of the Perlis State Legislative Assembly.
Alas, Raja Perlis Tuanku Syed Sirajuddin Putra Jamalullail had picked Azlan Man as Menteri Besar and he was sworn in. To the Ruler’s apparent displeasure, the other nine BN assemblymen did not attend the swearing in ceremony.
In an unusual departure from royalty norm, the Raja Perlis attempted to publicly justify his pick of mentri besar. His Royal Highness emphasised that he did not want a “puppet MB”. This was obvious reference to BN Perlis’s first choice ― Ismail Kassim, who is the brother of federal Umno strongman Datuk Seri Shahidan Kassim.
Hours after that, Shahidan as Perlis Umno Liaison dropped a bombshell ― he urged the Umno leadership to sack Azlan Man and declared that he is an “independent MB” now. It was obvious that the nine BN assemblymen in Perlis did not had confidence in Azlan Man as the Menteri Besar.
Todate, Azlan Man and the Raja Perlis have not responded to such dramatic turn of events.
Moving forward, what are the constitutional permutations which may arise in Perlis?
Article 39(6) of the Perlis State Constitution is relevant and reads: “If the Menteri Besar ceases to command the confidence of a majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, the Menteri Besar shall tender the resignation of the Executive Council”.
The first scenario is that Azlan Man himself, recognising his loss of support, does the gentlemanly gesture of resigning on his own accord as mentri besar.
If that does not happen, the second scenario is that the Raja Perlis himself acknowledges that Azlan Man does not command the confidence of the majority of the Perlis State Legislative Assembly. The Raja Perlis can thereafter request for Azlan Man’s resignation ― similar to what had happened in Perak in 2009 and Sabah most recently in 2018.
The constitutional implication for this, as per the Federal Court’s decision in Datuk Seri Ir Hj Mohammad Nizar Jamaluddin v Datuk Seri Zambry Abdul Kadir; Attorney General (Intervener) [2010] 2 CLJ 925, is that Azlan Man (and his Executive Council, if any) are deemed to have resigned with immediate effect. The Raja Perlis may thereafter invite Perlis BN as the party which holds the majority to submit another candidate for the mentri besar post.
The third scenario will prove quite colourful ― Azlan Man, conceding he has lost support, immediately requests the Raja Perlis to dissolve the Perlis State Legislative Assembly. The Ruler can agree to such request, the chamber will be dissolved and this would pave the way for a by-election in the northern State.
The fourth scenario happens within the same factual matrix in the third scenario ― except that, the Ruler disagrees with such proposal to dissolve the Perlis State Legislative Assembly. Instead, the Ruler requests for Azlan Man’s resignation ― which shall come into immediate effect, as per the 2nd scenario.
The fifth scenario will also be no less thrilling ― Azlan Man does not concede that he has lost confidence of the majority at the moment, and braces for a vote of no confidence in the Perlis State Legislative Assembly when it has been convened. In the unlikely event that such vote fails, he retains his position as mentri besar. If the vote passes through, the operative provision of Article 39(6) kicks in again ― and either one of the four previous scenarios would occur.
Let the House of Cards begin.