Mohd Nizar Jamaluddin's bid to challenge the legitimacy of Zambry Abdul Kadir's appointment as Perak menteri besar received a fresh impetus when the Kuala Lumpur High Court granted him leave and agreed that there are merits to his case.
In allowing his leave application for the hearing of his judicial review of the appointment, Justice Abdul Aziz Abd Rahim fixed next Wednesday for case management.
Ruling that the facts of the case have their merits, the judge was of the view that the application was not frivolous, vexatious and an abuse of the court process.He said Mohd Nizar was seeking a writ of quo warranto - which is one of the remedies available to determine the legality of Zambry's appointment since the Perak legislative assembly was not dissolved and the applicant (Nizar) did not resign.
The fact is, he said, Mohd Nizar did see the Perak sultan to apply for the dissolution of the state assembly to settle the present impasse in order to hold a fresh elections.
"Regretfully, the sultan did not give his permission to dissolve the assembly and the respondent (Zambry) was appointed as the new menteri besar...
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