Settle state secretary dispute in court, law expert tells Khalid

KUALA LUMPUR, Jan 1 — A constitutional law expert has suggested that Selangor Mentri Besar Tan Sri Khalid Ibrahim’s best chance to break the impending stalemate over the controversial appointment of the new state secretary is to take dispute to court.
“The law, as it stands, favours MB Khalid and the Selangor Pakatan administration,” Professor Dr Abdul Aziz Bari told The Malaysian Insider today.
The lecturer, who specialises in constitutional law at the International Islamic University (IIUM) here, pointed to the Selangor state constitution to back his assertion.
Article 52 (4) of the Selangor state constitution stipulates that the state secretary “shall take and subscribe in the presence of the Mentri Besar the following oath of secrecy.”
There is no mention that the state secretary’s oath of office has to be done in the presence of the Sultan.
“Under the state constitution, the power to appoint the ex-officio members of the exco — including the SS — is with the Sultan,” Abdul Aziz (picture) said, calling the state secretary post by its initials.
“But he (the Sultan) has to consider the names submitted by the relevant service commission; and before he does that, the Sultan must consider the advice of the MB,” the academic added.

tunku : if khalid is smart enough and not a moron he should not bring this matter to court but to consult the Sultan of Selangor. if he brings this matter to court that means he's challenging the Sultan too who had consented the appointment of khusrin. let say if the court decides otherwise and Sultan does not agree with the names by the mb then how? it is best for the moron mb to seek an audience with the Sultan to resolve the matter.