Augustine Paul FCJ:

[1] On 6 February 2009 YAB Dato' Dr. Zambry bin Abdul Kadir (the first applicant) was sworn in before His Royal Highness the Sultan of Perak as the Menteri Besar of Perak in place of YB Dato' Seri Mohammad Nizar Jamaluddin. On 10 February 2009 YB Encik Zainol Fadzli Paharuddin (the second applicant), YB Datuk Ramly Zahari (the third applicant), YB Puan Hamidah Osman (the fourth applicant), YB Datuk Saarani Mohammed (the fifth applicant), YB Encik Mohd Zahir Abdul Khalid (the sixth applicant) and YB Dr Mah Hang Soon (the seventh applicant) were sworn in before His Royal Highness the Sultan of Perak as State Executive Councillors of Perak.

[2] By a letter dated 11 February 2009, the Assemblyman from Taman Canning complained to the respondent, who is the Speaker of the State Legislative Assembly of Perak, that the applicants had committed acts of contempt of the State Legislative Assembly. The material parts of the letter read as follows:

Re: Contempt of our August Perak State Assembly by YB Dr Zambry Abdul Kadir, Zainol Fadzi Paharuddin, Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Abdul Khalid dan Dr Mah Hang Soon

1. I am under duty to complain against the above persons who over the last two weeks have acted in manner calculated to bring down the honour, dignity and good name of our august Perak State Assembly.

2. The provisions of the Perak Constitution, whose provisions are the supreme law of Perak, have been ignored. YB Dr Zambry and others have sworn to preserve, protect and defend the Perak State Constitution (Article XLVII).

3. I believe that YB Dr Zambry and others should be referred to the Committee of Powers and Privileges under Standing Orders 72.

4. I draw your attention and set out below in full art XVI(6) of the Perak State Constitution:

(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

5. YB Dr Zambry, who is the leader and others comprising of Zainol Fadzi Paharuddin, Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon have clearly acted outside the terms of the Article as the Menteri Besar and his EXCO have not resigned.

6. Under the Perak State Constitution and by conventions recognized by highest principles of constitutional law, the government of the day should continue. YB Dr Zambry is acting illegally by appointing an EXCO contrary to our supreme law.

7. Our august Perak State Assembly is now besieged by YB Dr Zambry and others which actions are detrimental to the good name and smooth running of our august Perak State Assembly. We are being made the laughing stock of the world!

8. As honourable State Assemblymen, and this includes YB Dr Zambry and others, they are bound by the rulings and resolutions. As we have not decided otherwise by any resolution or State Assembly to remove YAB Dato Seri Mohammad Nizar Jamaluddin, the action of YB Dr Zambry and others should be called into account immediately in order to prevent further confusion and chaos.

9. As a matter of urgency, kindly do the necessary by calling a meeting of the Committee of Powers and Privileges.

[3] On 13 February 2009 the respondent issued a summons pursuant to Standing Order 72 of the Standing Orders of the State Assembly of Perak containing the alleged breaches of privilege and a direction against the first applicant to attend before the Committee of Privileges on 18 February 2009. The material parts of the summons read as follows:

Yang Dipertua

Dewan Negeri Perak Darul Ridzuan

To: YB Datuk Dr Zambry Abdul Kadir ... Defendant

Committee Of Privileges Meeting Summons To Attend

Pursuant to Standing Orders of the State Legislative Assembly of Perak Darul Ridzuan

[Diluluskan oleh Dewan Perhimpunan Undangan Negeri Perak Darul Ridzuan, dalam Mesyuarat Pertama, Penggal Kedua, Dewan Perh