KUALA LUMPUR: A group of four former Bar Council presidents, lawyers and activists have called on Pakatan Harapan to be given first shot at forming the new government following the 15th General Election.
They said, by virtue of being the coalition with the most number of parliamentary seats, it should be PH's right to be invited by the Yang di-Pertuan Agong to form the government.
"After a general election, the first step in the formation of a government is for the Yang di-Pertuan Agong to appoint as the prime minister a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the members of the Dewan. The prime minister then goes on to name his Cabinet to form the government.
"In the past, the choice has been relatively easy. The YDPA chooses as PM the leader of the party or coalition that has secured the largest number of seats in Parliament.
"However, the results of GE15 show that no single party or coalition has secured the 112 seats needed to secure a simple majority. This has resulted in what is termed a 'hung Parliament'."
The group, including ex-Bar presidents Datuk Ambiga Sreenevasen, Datuk Kuthubul Zaman Bukhari, Christopher Leong and Ragunath Kesavan, said there was no explicit provision within the Federal Constitution which addresses the issue of whom the King should appoint as prime minister should there be a hung Parliament.
However, they said the courts have provided the answer, citing the case of Zambry v Nizar, when the Court of Appeal ruled that the party or coalition of parties that hold the highest number of seats will first be asked by the Ruler to form the government.
"It is then up to that party to get any other party to agree to join it; thus, obtaining a sufficient number of seats to secure a majority of the members of the Dewan Rakyat.
"With these numbers secured, it will present them to the king to satisfy His Majesty of the majority numbers. The king will then appoint the accepted leader of the coalition as PM who will then appoint his cabinet that will form the government."
The statement followed claims on Saturday night by Perikatan Nasional chairman Tan Sri Muhyiddin Yassin that he had the support of enough parliamentarians to be the one to form the government.
Earlier on Sunday, the Yang di-Pertuan Agong had asked leaders of the coalitions with the most number of seats to present to him proof they had enough support to form the government.
They must do so before 2pm on Monday.
Apart from the former Bar presidents, the statement was also signed by Gurdial S. Nijar, Zainun Ali, Mohamad Ariff Md Yusof, Yeo Yang Poh, Ivy Josiah and non-governmental organisation Persatuan Patriot Kebangsaan.