[UPDATED] Termination of state councillors without MB's advice has no legal effect - Ismail Lasim
SEREMBAN: Negri Sembilan Menteri Besar Datuk Ismail Lasim said any action to dismiss or terminate the membership of a state executive councillor without the advice or request of the menteri besar is a legal error, unconstitutional and had no legal effect.
Negri Sembilan's Menteri Besar, Datuk Ismail Lasim, has declared that terminating a state executive councillor's membership without the Menteri Besar's consent or advice is a legal error, unconstitutional and lacks any legal effect. The Menteri Besar stated that he has never been consulted or advised on the termination of any Exco member under Article 38(5) of the Negri Sembilan Constitution 1959.
The termination of an Exco member's tenure is only possible with the advice or official request of the Menteri Besar, as per Article 38(5), which must be read in conjunction with Articles 38(4) and 40(1). Ismail emphasized that the Ruler's discretionary powers in state administration are limited to matters expressly provided for under Article 40(2) and cannot be used to unilaterally dismiss or terminate the tenure of an Exco member.
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