Question one:

Whether, under Article 16 (6) of the Perak constitution and in the circumstances that
i) the MB of Perak wishes, and has advised for the dissolution of the state legislative assembly; and
ii) there was no dissolution of the state assembly
iii) there was no motion of no confidence taken in and adopted by the state assembly against the MB of Perak; and
iv) there was no resignation by the MB of Perak;
the post of the MB of Perak may be and/or has been vacated.

Answer: Yes
The issue is whether the Sultan had acted within his authority in appointing Zambry to replace Nizar. The answer to this question lies in the construction to be given to Article 16(6) of the Perak constitution.

Question two:

Whether, under Article 16 (6) of the Perak Constitution, the determination of the issue of confidence in the MB of Perak has to be made by members of the state assembly in an assembly meeting on a vote of no confidence, or by means other than by a vote of no-confidence in the state assembly as to whether the MB commands the confidence of the majority of the assembly members?

Answer: The question of confidence in the MB may be determined by means other than a vote of no confidence in the state assembly.

"We agree that there is nothing in Article 16(6) or in any other provisions of the State Constitution stipulating that the loss of confidence in the MB may only be established through a vote in the Legislative Assembly. As such, evidence of loss of confidence in the MB may be gathered from other extraneous sources provided," said Justice Arifin.

Question Three:

If the MB refuses to tender the resignation of the Executive Council whether under the Perak Constitution, a MB may be dismissed from office or the MB's post be deemed vacant or vacated?

Answer: If the MB refuses to tender the resignation of the Exco under Article 16 (6), the MB and the exco members are deemed to have vacated their respective offices.

"On the literal interpretation of Article 16(6), we are of the view that the word 'shall' should be given mandatory effect. Therefore, it is incumbent upon the appellant (Nizar) in the circumstances of this case to tender the resignation of the Exco. The term Exco by definition includes the Mentri Besar," said Justice Arifin.

Arifin had a parting advice to Nizar. "By no means is this the end of the matter as it is always open to the appellant to bring a vote of no confidence against the respondent (Zambry) in the Legislative Assembly, or to make a representation to His Royal Highness if he thinks that the respondent does not enjoy the support of the majority of the members of the Legislative Assembly." -- theSun