Azahar Mohamed J:

[1] Following the 12th General Elections held on 8.3.2008, the political alliance of Pakatan Rakyat won 31 seats in the 59 member Perak State Legislative Assembly (the Legislative Assembly) (see: Dato' Dr Zambry bin Abd Kadir v. Dato' Seri Ir Hj Mohammad Nizar bin Jamaluddin, [2009] 5 MLJ 464 [2009] 4 AMR 569). The political alliance of Barisan National held the remaining 28 seats. As a result, the political alliance of Pakatan Rakyat formed the State Government and Mr. Sivakumar a/l Varatharaju Naidu (the Plaintiff), theTronoh State Assemblyman, was subsequently elected by the Legislative Assembly as its Speaker.

[2] In February 2009, a very important event took place. It is not necessary for me to go into detail here about the event but suffice to say that the political alliance of Barisan National formed the new State Government replacing the political alliance of Pakatan Rakyat.

[3] On 23.4.2009, the office of the Secretary to the Legislative Assembly received two motions. The first was a motion to remove the Plaintiff as Speaker of the Legislative Assembly. The second motion was to appoint Mr. Ganesan A/L Retanam (the Defendant) as the Speaker of the Le