Published: Tuesday December 1, 2009 MYT 2:12:00 PM
Court dismisses Perak Pakatan village chiefs bid to quash sacking
By SYLVIA LOOI
IPOH: The High Court here has dismissed with cost the application by Pakatan Rakyat appointed village chiefs to quash their sacking.
Reading from his written judgement, Judicial Commissioner Ridwan Ibrahim conceded that the appointment of the village chiefs was a political appointment.
”Being a political appointment, the new state government has the right to reappoint whoever they think is suitable,” he said.
Noting that the court was not a proper entity to look into the decision of the executive, Ridwan said the decision of the executive in appointing the village chiefs must be respected.
On the legitimate expectation raised by the plaintiff, Ridwan said the appointment was conditional and it was not absolute.
”In this respect, when they were appointed, they should expect that one day if there is a change in political power, their position need not necessary be kept or continued,” he said.
Met by reporters later, the lawyer representing the plaintiffs Leong Cheok Keng said they would be filing an appeal with the Court of Appeal.
On May 26, Mohd Ridzuan Asit, the former village chief of Kg Sungai Ati in Padang Rengas, filed an application on behalf of 816 others to quash their sacking.
Mohd Ridzuan, 43, who besides seeking damages, also wants a mandamus order to reinstate him and other village chiefs to their posts.
Mohd Ridzuan had claimed that the group was elected as village chiefs on Aug 7 last year and had carried out their duties at all material times.
He claimed that while the state government had assured them that they would be retained as village chiefs, their services were, without reason, terminated on April 16.
Their termination, he added, was against the terms of their appointment because it was executed before the expiry of their tenure.
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