Friday, June 05, 2026

Negeri Sembilan Connondrum? Validity of the dissolution of the State Legislative Assembly disolution leading to State Elections? ONLY Courts can decide - not the PM, MB or any other?

The Negeri Sembilan state legislative assembly is to be dissolved on June 5, paving the way for a state election to be held amid talk of a move to oust the sitting ruler Tuanku Muhriz Tuanku Munawir. Menteri Besar Datuk Seri Aminuddin Harun said the decision was made after receiving the consent of the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz, during an audience at 8.30pm on Thursday. Aminuddin announced the decision at a late-night press conference on Thursday.

What began as a decision by the Dewan Keadilan dan Undang (DKU) or council of elders that includes the Ruler and the Mentri Besar to sack one of the Undang Yang Empat resulted in the four chieftains retaliating by sacking the Ruler. They went a step further and declared Tunku Nazaruddin Tuanku Jaafar as the new Ruler. 

The snap polls were called more than two years ahead of the original November 2028 schedule, noting that the last State elections was in 2023.

WHO is the VALID Legitimate RULER of Negeri Sembilan is a KEY QUESTION that must be RESOLVED Fast. Is it still  Tuanku Muhriz Tuanku Munawir or NOT? WHY? Because only the RULER has the power to dissolve the State Legislative Assembly that will lead to a NEW State Elections.

Negeri Sembilan - the issue is who is validity of the Yang Di Pertuan Besar of Negeri Sembilan (the Ruler) is fundamental question as only the the Ruler can dissolve the State Assembly which will lead to the next State Elections.
 
In NS, it is the 4 Undangs that has the power to remove the State Ruler, and they did remove the still seating Ruler and also decided and named another to be the NEW Ruler of NS. Their subsequent actions, including first time absence from the opening of the State Assembly...
 

The high-stakes Negeri Sembilan State Legislative Assembly sitting opened on Thursday as scheduled, despite a boycott by the four Undangs.

However, the four territorial chiefs also known as Undang Yang Empat — Datuk Mubarak Thahak (Sungai Ujong), Maarof Mat Rashad (Jelebu), Muhammad Abdullah (Johol) and Abdul Rahim Yasin (Rembau) — along with Tunku Besar Tampin Tunku Syed Razman, were absent from the opening ceremony. They had earlier said they would not attend the opening and called for the sitting to be postponed. Their absence from the opening of the assembly would be the first since Tuanku Muhriz ascended the throne. - Edge, 23/4/2026


Then, then there was this 'allegations' that one of the 4 Undangs have already been removed - hence the validity of their decision to remove and replace the Ruler with another was in question.

But even if that be the case, an important question would be also whether the DECISION to remove and replace decision had to be unanimous or just a majority decision - since the reported decision seems to be a unanimous decision (noting also the absence of all Undangs at the recent opening of the sitting of the State Assembly)

Then, we had reports of the views of many including legal personalities... But the matter is yet to be taken to court to get a Judicial determination which will ultimately decide who is validly the Ruler of NS - nothing else will do.

Now, even later if the court determines that the NS Ruler had been validly removed and replaced when the 4 Undangs made the said decision - then the dissolution of the State Legislative Assembly and the calling of the State Elections will be Invalid.

If the State Elections is INVALID then the outcome too will be invalid...

The most reasonable course of action is to take this matter and get a Judicial Declaration and/or determination as to who exactly is the NS State Ruler now - who has the POWER to dissolve the State Assembly or simply choose a NEW Menteri BESAR...

If the COURT decides that the State RULER is still Tuanku Muhriz Tuanku Munawir, and not the named replacement >then all is good - i.e. The Ruler’s decision to dissolve the State Legislative Assembly that will lead to a new State elections is also good...

However, if the Court were to decide that Tuanku Muhriz Tuanku Munawir ceased to be the Ruler the day the Undangs decided so - then the dissolution of the State Legislative Assembly becomes invalid and no State Elections.

Remember also the decision to dissolve the Parliament is one of the few absolute discretion powers of the King - when a PM loses the confidence of the majority of the MPs he can ask the King to dissolve Parliament, and the King has absolute discretion to do 1 of 2 things - to dissolve Parliament leading to new elections, OR to refuse which will lead to a NEW Prime Minister > l believe it is the same for the NS State Constitution...
 
Article 40 Federal Constitution 

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

(a) the appointment of a Prime Minister;

(b) the withholding of consent to a request for the dissolution of Parliament;

(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting,

and in any other case mentioned in this Constitution.

 
In the NS case, the Menteri Besar has probably lost the confidence of the majority - No choice but request the State Ruler to dissolve the Legislative Assembly leading to the State Elections...OR to resign if RULER decides not to. As mentioned, the Ruler then has absolute discretion to decide whether to dissolve the Assembly or just say No and appoint a new Menteri Besar...
 
Art. 43 Federal Constitution
 
(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet. 

NOW, did the NS Menteri Besar LOSE the confidence of the majority??

Negeri Sembilan’s Chief Minister has lost his majority in the state after all 14 assemblymen from UMNO withdrew support for him on April 27, citing his interference in an ongoing crisis where district chieftains are pushing to depose the state ruler.This leaves Datuk Seri Aminuddin Harun, a vice-president in Prime Minister Anwar Ibrahim’s Parti Keadilan Rakyat (PKR), with the backing of just 17 members in the 36-strong state legislature...Despite losing his majority, Mr Aminuddin insisted on staying in power as a “minority government” after a meeting with the state’s ruler, Tuanku Muhriz Tuanku Munawir. In a statement referring to the ruler, Mr Aminuddin said: “After due consideration, the Yang di-Pertuan Besar of Negeri Sembilan has advised and decreed that I continue carrying out my responsibilities as Menteri Besar as usual, as long as there is no final clarity on this matter, in accordance with the Constitution of the State of Negeri Sembilan 1959.” - Straits Times, 27/4/2026

I assume he did - because the Menteri Besar himself talks about a 'MINORITY' government - does that mean he continues to be MB despite not having the confidence of the majority? 

In my opinion our Constitution, and most likely NS Constitution also does not provide for this - it a mandatory pre-requisite that any ADUN can be Menteri Besar, and no KING or State Ruler can appoint a MP to be Prime Minister (or a ADUN to be Menteri Besar) if he/she no longer has the confidence of the majority...if that is possible, it is MOST dangerous as soon a MP without majority support can also be PRIME MINISTER - and that is not what we want, or do we - as it shifts from people through the their democratically elected peoples' representatives choosing the Prime Minister to the KING choosing whoever he wants to be Prime Minister.

Now, the decision for the NS Menteri Besar to remain Menteri BESAR is invalid - even the RULER has no POWER to agree to such a thing. WORSE, in NS, the issue now is who exactly is the RULER, and considering what had happened, ONLY the Court after a full trial, after considering all evidence, and listening to the arguements of lawyers can DECIDE on this.

Now, this makes the question of who is the valid legal Ruler of NS all the more important.

This question, in my opinion, can only be be determined by COURT...
 
It is not up to the MENTERI BESAR, the PM or anyone else... 
 
ALSO, what is that CRISIS in NS - that has led to the MENTERI BESAR asking for the dissolution of the State Assembly?  
 
WELL, it has been reported that the sitting Menteri Besar most probably has LOST the confidence of the majority of ADUNs - thus automatically(in my opinion), he no longer can remain as Menteri Besar and should RESIGN or REQUEST that the State Assembly be dissolved paving the way to a NEW State Elections...and here it is the STATE RULER who has absolute discretion..
 
The last NS State Elections was in August 2023 - and thus there is a LOT of time left, as the term is 5 years - meaning that it will only need to be dissolved latest in August 2028. So, the early dissolution is MOST ODD.
 
After GE14, when Mahathir may have lost the confidence of the majority, he resigned, and a new PM was appointed - Muhyiddin Yassin, and then Muhyiddin Yasin resigned and Ismail Sabri was appointed Prime Minister with the confidence of the majority > there was NO dissolution of the Parliament after Mahathir resigned or after Muhyiddin resigned.
 
SO, reasonably one would have expected that the current NS MB resigned - thus paving the way for a NEW Menteri Besar to be appointed. 
 
BUT, a major problem in NS as the issue was 'WHO WAS the LEGITIMATE Yang Di-Pertuan Besar of Negeri Sembilan? THIS HAD TO BE RESOLVED FAST > AND THE BEST WAY FORWARD WAS TO TAKE IT TO COURT...
 
As i mentioned earlier, if the current RULER is no more the LEGITIMATE Ruler, then the validity of many of 'decisions' come into question:-
 
- the decision of NOT appointing a NEW MB, after the current MB lost the support of the majority > and the decision that the said MB continues as MB of a Minority Government in NS?
 
- the decision to DISSOLVE the State Legislative Assembly - leading to a NEW State Elections
 
- and, of course, the problem to COME after the State elections > who is going to appoint the NEW Menteri Besar > only the LEGITIMATE State Ruler has the power to do so...???
 
On May 13, the Seremban HIGH COURT refused an application for an interim STAY - In my opinion, this is the RIGHT THING to do ... interim stay/injunction orders ought not be granted in these kind of cases. Best that the Court proceed to a FULL TRIAL of the substantive suit (which is still there - not struck out) - and the next hearing is fixed on 28/7/2026 ...
 
Now, the judge is also concerned about the issue of 'jurisdiction and non-justiciability' - I believe the question of whether the COURT can hear and decide on this issue concerning the 'royalty', etc > IN my opinion, no one BUT the COURT can decide on this issue, more so since this is a DISPUTE within and between the ROYALTY - and an interpretation of the applicable law as it is  >>> WHO ELSE BUT THE COURT? Maybe BEST that it be the FEDERAL Court that deals with this dispute.
 
In my Opinion, the COURT that ought to hear this case should be the FEDERAL COURT, or maybe the SPECIAL COURT?  
 
OR maybe it should be heard by the 'Special Court' a special court established vide Article 182 of the Federal Constitution - more so since the primary issue here is the validity of the decision to remove a sitting RULER of NS, by the 'royal entity' made up of 4 Undangs?
 
So Court may have to decide also on the validity of 'removal' one One of the UNDANGs?
 
Whether, the REMOVAL of a sitting Ruler requires a unanimous decision - or just a majority decision?
 
So, even with the absence of 1 Undang, can the remaining Undangs decide on the removal of a State Ruler? 
 
PERSONALLY, I am of the OPINION that it best be dealt by the SPECIAL COURT (Art 182) 
Art 182 (1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers.
OR alternatively be dealt by the HIGHEST Court of the Land - The FEDERAL COURT.
 
The issue of who is the VALID Legitimate Ruler of Negeri Sembilan must be resolved first - as the validity of all other actions rely on the ANSWER to this fundamental questions.
 
A NEW State Elections is NOT THE SOLUTION - as the validity of the RULER's decision to dissolve the State Assembly also is an issue of concern. Then, even if a State elections is conducted, which "RULER" appoints a ADUN who enjoys the support of the majority of ADUNS??? 
 
It would be good to hear the views of the ATTORNEY General, and the State AG on this matter as well...
 
## This is BUT my opinion, also as a LAWYER...hope you consider it...  
 
AS, I opined - the issue of WHO is the Valid RULER of NS is the MOST important matter that needs to be determined FIRST ... 
 
See also:-
 
Negeri Sembilan state assembly to be dissolved on Friday, says MB amid talk of bid to oust ruler
04 Jun 2026, 11:32 pmU
 
main news image

Negeri Sembilan Menteri Besar Datuk Seri Aminuddin Harun announced late on Thursday that the Negeri Sembilan state legislative assembly will be dissolved on Friday.

KUALA LUMPUR (June 4): The Negeri Sembilan state legislative assembly is to be dissolved on June 5, paving the way for a state election to be held amid talk of a move to oust the sitting ruler Tuanku Muhriz Tuanku Munawir.

Menteri Besar Datuk Seri Aminuddin Harun said the decision was made after receiving the consent of the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz, during an audience at 8.30pm on Thursday.

Aminuddin announced the decision at a late-night press conference on Thursday.

Negeri Sembilan is the second state to dissolve its legislative assembly this week, after Johor did so on June 1.

An invitation sighted by The Edge showed that a proclamation ceremony for Tunku Datuk Seri Nazaruddin Tuanku Jaafar as the new Yang di-Pertuan Besar of Negeri Sembilan was scheduled for 9.30am on June 5 at the Balai Rasmi Tengku Besar in Tampin.

In the 2023 Negeri Sembilan state election, Pakatan Harapan (PH) won 17 of the 36 state seats, while Barisan Nasional (BN) secured 14 seats and Perikatan Nasional (PN) won five.

In late April, BN's 14 assemblymen withdrew support for Aminuddin, citing a loss of confidence in his handling of an ongoing constitutional dispute involving four Undangs (traditional chieftains) who sought to remove the state's ruler, Tuanku Muhriz, and replace him with Tunku Nazaruddin Tuanku Jaafar.

Aminuddin said the state government did not recognise the move by the four Undangs, as one of them — Datuk Mubarak Thahak of Sungei Ujong — had already been removed from office on April 17, before the joint proclamation was made on April 19.

On May 5, however, the unity government leadership consultative council between Umno and PH agreed to continue working together in the Negeri Sembilan unity government to ensure political stability and safeguard the welfare of the people.

On May 13, Mubarak and the three other Undangs failed to obtain a temporary court stay on his removal pending an application for the minutes of an April 17 meeting. In that meeting the Dewan Keadilan dan Undang Negeri Sembilan had decided to remove Mubarak as Undang of Sungei Ujong over 33 alleged breaches of adat and customary laws.

The other three Undangs involved are Datuk Maarof Mat Rashad (Jelebu), Datuk Muhammed Abdullah (Johol) and Datuk Abd Rahim Yasin (Rembau). - EDGE, 4/6/2026

Seremban High Court rejects bid to stay April 17 decision to remove Sungei Ujong Undang Mubarak Thahak
By Hafiz Yatim / theedgemalaysia.com
13 May 2026, 06:03 pmUpdated - 06:12 pm
main news image

KUALA LUMPUR (May 13): The Seremban High Court on Wednesday rejected a request by the four Negeri Sembilan Undangs and two others for a temporary stay of the council of the Yang di-Pertuan Besar and the ruling chiefs’ decision made on April 17 to remove the Sungei Ujong Undang Datuk Mubarak Thahak.

Judge Roz Mawar Rozain refused to grant the injunction after the council’s secretary Raja Norazli Raja Nordin and counsel Steven Thiru objected, saying the court has no jurisdiction as council decisions are considered final.

Steven cited Article 16(3) of the Negeri Sembilan Constitution, which states that the council’s advice on Malay customs, including matters on the appointment, succession, removal or vacancy of ruling chiefs under Article 14, is final and cannot be challenged in any court or any ground.

He argued that the court should first decide whether it has the authority or jurisdiction to hear the case before proceeding with the main originating summons filed by the chieftains and other plaintiffs.

In the originating summons, the plaintiffs asked for the council’s April 17 meeting minutes and a temporary stay of Mubarak’s removal until they received the minutes.

After objections were raised, the chieftains and two others, through their lawyer Awang Armadajaya Awang Mahmud, applied for an interim stay of the council’s April 17 decision pending the hearing of the case.

However, Roz Mawar rejected the plaintiffs’ request for a stay, saying there was not enough material before the court to justify granting an interim order pending the hearing of the case.

She ordered Steven to file an application under Order 14A of the Rules of Court 2012 within seven days to dispose of the case based on the issue of jurisdiction and non-justiciability, together with supporting affidavits.

The judge also directed the plaintiffs to file their reply, and allowed the council and its secretary to submit their reply, if any.

Roz Mawar then fixed July 28 to hear the jurisdiction and non-justiciable issue.

Undangs filed originating summons last week

The plaintiffs Mubarak, Datuk Maarof Mat Rashid (Undang Jelebu), Datuk Muhammed Abdullah (Undang Johol), Datuk Abd Rahim Yasin (Undang Rembau), Tunku Syed Razman Tunku Syed Idrus Al Qadri (Tengku Besar Tampin) and Datuk Seri Badarudin Abdul Khalid (Datuk Shahbandar Sungei Ujong) filed the originating summons on May 4 through Messrs Deidra Sharina & Co.

They named the council, Raja Norazli and the Negeri Sembilan government as respondents in the application filed by Messrs Deidra Sharina & Co.

In their originating summons, which was accompanied with a certificate of urgency — they sought a declaration that as plaintiffs and members of the council, they are entitled to get a copy of the April 17 special meeting minutes, and an order for the council and Raja Norazli to produce the minutes.

They also sought to suspend the implementation of the decision to remove Mubarak until they are given the meeting minutes.

In Wednesday’s matter, the Negeri Sembilan government was represented by assistant state legal adviser Ala’uddin Baharom, who also objected to the plaintiffs’ bid to get hold of the minutes, as they are not members of the council.

Meanwhile, Berita Harian reported Awang Armadajaya as saying that although the court did not grant a stay, the plaintiffs are still allowed to file a formal application for one.

He added that he will seek instructions from his clients before deciding on the next step.

The originating summons filed by the Undangs and two others is the latest development in the constitutional crisis in Negeri Sembilan, sparked by a move by territorial chieftains to remove the state’s ruler on April 19.

The attempt failed as Negeri Sembilan Menteri Besar (MB) Datuk Seri Aminuddin Harun, who attended the April 17 meeting, supported Yang di-Pertuan Besar Negeri Sembilan Tuanku Muhriz Tuanku Munawir, who chaired the council meeting.

Aminuddin announced that the state government does not recognise the ouster of the Yang di-Pertuan Besar of Negeri Sembilan as one of the Undangs, Mubarak, had been removed from his office before their joint proclamation.

The situation escalated when on April 27, Barisan Nasional (BN), which holds 14 assembly seats in Aminuddin’s government, declared it had no confidence in Aminuddin as MB. Tuanku Muhriz, however, decreed that Aminuddin would stay on as Negeri Sembilan MB.

On May 5, 2026, the Majlis Dato Lembaga Adat Sungei Ujong announced the appointment of 29-year-old Muhammad Faris Johari, an accountant trained at Universiti Teknologi Mara and a descendant of the Sungei Ujong ruling lineage, as the new Undang of Sungei Ujong. - Edge, 13/5/2026

 

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