Mahathir cannot convene Parliament sitting to elect PM, says lawyer

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Malik Imtiaz Sarwar says an interim or caretaker PM cannot act as the government. FMTNews Parliament

Constitutional lawyer Malik Imtiaz Sarwar says an interim PM can only convene a Parliament sitting if he has the backing of at least half of the MPs.

“The question therefore is whether it is open to an interim prime minister without an interim Cabinet to do so. It would appear that this is not the case,” he told FMT in a text message. Malik said that when parliament was in recess, the Standing Orders provided for the prime minister to ask the speaker to recall Parliament “where the public interest requires”.Interim Prime Minister Dr Mahathir Mohamad had announced yesterday the next head of government would be elected in the Parliament on March 2.

Two senior lawyers – Dominic Puthucheay and Bastian Pius Vendargon – have also taken the position that it was the king who appointed the prime minister and it would be unconstitutional for any election to be conducted in the legislature.

 

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