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<TABLE border=0 cellSpacing=0 cellPadding=0 width="100%"><TBODY><TR>Shock as court rejects BN's Perak state chief
</TR><!-- headline one : end --><TR>Assembly in limbo as PR's Nizar is declared as rightful menteri besar </TR><!-- Author --><TR><TD class="padlrt8 georgia11 darkgrey bold" colSpan=2>By Elizabeth Looi & Hazlin Hassan, Malaysia Correspondents
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Datuk Nizar waving to supporters yesterday after the High Court ruled he was Perak's legitimate menteri besar. The PR politician says he will seek fresh polls. -- PHOTO: THE STAR/ASIA NEWS NETWORK
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<!-- START OF : div id="storytext"--><!-- more than 4 paragraphs -->KUALA LUMPUR: Perak plunged deeper into political limbo yesterday after the Kuala Lumpur High Court, in a shock decision, declared that Nizar Jamaluddin of the Pakatan Rakyat (PR) was the rightful menteri besar.
Datuk Seri Nizar immediately declared he would request an audience with the state's ruler, Sultan Azlan Shah, to dissolve the state assembly and pave the way for a fresh election in which the PR is heavily tipped to win.
But the Barisan Nasional (BN) made clear it would appeal against the ruling, which invalidated its nominee for the state's top post.
An ecstatic Datuk Nizar said: 'It is a victory and jubilation for the people of Perak. That is why I am immediately rushing to the palace to seek a dissolution.
'We are not claiming power. We want to quickly give the right to the people to elect a new government because we have been in an impasse for three months.'
Perak lawmaker Nga Kor Ming told The Straits Times that Mr Nizar would try to seek an audience with the Regent of Perak today as the Sultan was away in the United States.
There was pandemonium in the court after the verdict was announced yesterday, with PR leaders and supporters rushing to embrace Mr Nizar and his lawyers.
Mr Nizar had challenged the legitimacy of the appointment of BN's Zambry Kadir as the chief minister after the PR government in Perak was toppled in February as a result of defections within its ranks. Three of its MPs had jumped ship and declared themselves independent.
The Sultan of Perak subsequently installed Mr Zambry and dismissed Mr Nizar. However, the High Court ruled that the only way for a chief minister to vacate his office in such circumstances was through a motion of no confidence in the state assembly.
Justice Aziz Abdul Rahim said the Sultan should have called for an emergency session of the assembly to pass such a motion if he had wanted to order Mr Nizar's resignation.
The state has been paralysed by the power struggle since February. Last week, the BN seized control of the state assembly in a chaotic session in which it forcibly removed the PR Speaker and installed one of its own.
Yesterday's court decision leaves the situation even more complicated.
It is now unclear if the BN's move to take control of the state assembly last week is valid, or if Mr Nizar should resume his position as chief minister.
The stalemate is likely to continue, at least for a while more, as Prime Minister Najib Razak said yesterday the BN would appeal against the decision.
An appeal could be filed as early as today. The BN is likely to seek a suspension of the High Court decision pending the outcome of the appeal.
'We feel that we have a very strong case, we are on a very strong footing. We will appeal against the decision,' Datuk Seri Najib told a press conference at his office in Putrajaya.
The BN has another option. It may try to call a state assembly sitting through its Speaker, even though the PR does not recognise him.
The BN Speaker said yesterday he would try to call for an emergency session of the legislature to move a motion of no confidence against Mr Nizar.
The PR is currently outnumbered in the assembly.
It has 28 assemblymen, the same number as the BN, but the three independents support the BN, giving it a total of 31 votes. In the meantime, Mr Zambry has said he and his state executive councillors would step down immediately.
'My friends and I will take the next action according to the law. We will pack up and vacate the office as soon as possible,' he said.
The State Secretariat is now under guard by the police.
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