KUALA LUMPUR: The 222 members of parliament who will convene for the special Dewan Rakyat sitting face a tough task.
They have to decide to call for a vote of confidence, elect a new prime minister or have snap polls.
Political analyst Dr Ainul Adzellie Hasnul said this was the first time Malaysia was in such a predicament since Parliament’s first session in 1959.
“Malaysia’s parliamentary system follows the Westminster model. Voting is either through a voice vote, a division vote, show of hands, recorded votes or secret ballot. I believe MPs will do it via secret balloting,” he said.
Ainul said a repeat vote would be conducted in the event no candidate achieved an outright majority in the first instance.
“After that I believe Parliament would be dissolved to make way for elections.”
According to the Dewan Rakyat Standing Order (11)(3), the Lower House may be required to meet at an earlier date while in adjournment, if it was represented to the speaker by the prime minister that such a meeting was of public interest.
On the Dewan Rakyat Standing Order, law analyst Professor Datuk Dr Abdul Halim Sidek said Dr Mahathir, as interim prime minister, did not have the locus standi to call for the sitting.
“It must come from the king. In the absence of a prime minister and the cabinet, the king is fully in charge, in accordance with Article 39 of the Federal Constitution.”
The Dewan Rakyat was originally scheduled to hold its first meeting of the third session between March 9 and April 16.
The prime minister candidate would need to secure the support of no less than 112 votes for a simple majority and 148 votes for a two-thirds majority in the Dewan Rakyat voting.
A breakdown of seats up to Thursday sees Pakatan Harapan having 92 seats — DAP (42), PKR (39) and Amanah (11).
Barisan Nasional has 42 seats — Umno (39), MCA (two) and MIC (one), and Pas (18), Parti Pribumi Bersatu Malaysia (26), and ex-PKR lawmakers (11). For Sarawak, Gabungan Parti Sarawak has 18 seats — Parti Pesaka Bumiputra Bersatu Sarawak (13), Parti Rakyat Sarawak (two), Progressive Democratic Party (two), and Sarawak United People’s Party (one). For Sabah, Parti Warisan Sabah leads the way with nine seats, followed by Gabungan Bersatu Sabah (three), United Sabah Party (one), Parti Bersatu Rakyat Sabah (one), STAR (one), United Progressive People of Kinabalu Organisation (one) and an independent.
Law expert Professor Datuk Salleh Buang said returning the referendum on who should be the prime minister to federal lawmakers was unprecedented, but the Constitution allowed it.
He said the Dewan Rakyat was the right forum to gauge who had the support of the majority.
He drew on Article 43(4) of the Constitution, which stipulates that a prime minister who ceases to command the confidence of the majority of MPs shall tender the resignation of the cabinet unless Parliament is dissolved by the king at his request.
He said part of the process had been fulfilled before arriving at the juncture. The king had interviewed the MPs and the decision to bring it to the house was because no one had a clear majority.
He said if Dr Mahathir did not have the majority after the voting, he had two choices — one, call on the king to dissolve Parliament, and two, form a minority government with those friendly to him and his party.
He said there were disputes among scholars on whether the king could dissolve Parliament at his own discretion.
He said Article 40(1) states that the king shall act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet, in this case, Dr Mahathir.