Introduction

[1] Following the General Election held on 8 March 2008, the political alliance called Pakatan Rakyat (PR) won 31 seats out of the 59 seats in the State Legislative Assembly of Perak (LA). The remaining seats went to Barisan Nasional (BN). On 17 March 2008, the appellant was appointed the Menteri Besar of Perak (the MB) by His Royal Highness the Sultan of Perak (HRH). On 5 February 2009 three members of the LA for Behrang, Changkat Jering and Jelapang declared and informed HRH that they no longer supported the PR and instead threw their support behind BN. The appellant then had an audience with HRH on the same day where he was informed that his request for dissolution of the LA was rejected by HRH. He was then directed to tender the resignation of the Executive Council, as he no longer commands the confidence of the majority of the members of the LA. The direction was made pursuant to art XVI(6) of the Laws of the Constitution of Perak ('the State Constitution'). The appellant did not comply with the direction given by HRH. On 6 February 2009 HRH appointed the respondent as the new MB, replacing the appellant.

[2] Dissatisfied with the decision of HR