Joint Media Statement by Perak Pakatan Rakyat leaders in Ipoh on Friday, 21st August 2009:
R. Ganesan is not the Speaker of the Perak State Legislative Assembly. Even if he was lawfully elected (which he was not), he is now disqualified by virtue of the Perak State Constitution as he continues in his profession as an Advocate & Solicitor
We all know that Dato’ R. Ganesan was never properly elected as the Speaker of the Perak State Legislative Assembly at the sitting on 7/5/2009 where the lawful and legitimate Speaker YB V. Sivakumar was illegally and forcibly removed from the State Assembly.
The purported election of Dato’ R. Ganesan by the BN elected representatives holding a sub-assembly within the Assembly was carried out before the opening of the session of the Legislative Assembly i.e before the opening speech of his Royal Highness the Regent of Perak. How can a proceeding or a decision made prior to the commencement of a meeting be valid? Moreover, at the material time the legitimate speaker YB V. Sivakumar was still holding the chair of the Speaker at the State Assembly sitting.
We have been informed by Mr Chan Kok Keong, the lawyer for Speaker YB V. Sivakumar that he has received a letter from the Malaysian Bar dated 12.8.2009 confirming that Dato’ R. Ganesan is still actively practising as a lawyer holding a valid Practising Certificate under the Legal Profession Act 1976. A copy of the letter is annexed hereto.
Even assuming that Dato’ R. Ganesan was rightfully elected (which he was not) on 7/5/2009, his failure to cease practice as a lawyer would have disqualified him in any event by virtue of Article XXX VIA (5) of the Laws of the Constitution of Perak which provides as follows:-
It has been more that 3 months since the purported election of Dato’ R. Ganesan as the Speaker of the Perak State Legislative Assembly and by continuing in his legal profession, he is now disqualified as its Speaker even if we accept BN’s assertion that he was properly elected.
Therefore, we hope that BN will respect the rule of law and recognize that the only legitimate Speaker for the Perak State Legislative Assembly is YB V. Sivakumar.
* Perak Pakatan Rakyat Leaders