Perak State Legislative Assembly Speaker V. Sivakumar has sued the State Legal Adviser for allegedly acting on his behalf without authorisation.The writ of summons was filed through Messrs Tommy Thomas at the High Court (Civil Division) Registry at 3.40pm today.
The Speaker also alleged that the legal adviser had neglected and defaulted his duties to the extent of causing an injunction to be granted against him in aproceedings on Tuesday.
By acting as a lawyer representing him, the Speaker alleged, the legal adviser had also defaulted his fiduciary obligations to him.
On Tuesday, the Ipoh High Court issued a restraining order against the Speaker from convening any unlawful sittings purporting to be sittings of the state assembly.
In a separate proceedings earlier, also held in chambers, the same court ruled that a team of private lawyers who wanted to represent the Speaker had no locus standi.
In his statement of claim, the Speaker also sought a declaration that the injunction granted by the Ipoh High Court null and void, as well as damages, interests, costs and other reliefs deemed fit by the court.
He said, as the Speaker of the Perak State Legislative Assembly elected in accordance with Article 36(A) of the Perak Constitution, he is the head of the Perak Legislature.
The State Legal Adviser, meanwhile he said, is the legal adviser to the Perak Executive Body of the Barisan Nasional government since Feb 5.
Since Sivakumar does not belong to Barisan Nasional, the legal adviser "is not in a position to protect and maintain his interest", the Speaker said.
Alternatively, he said, the legal adviser was in a position of conflict between his personal interest in promoting the needs of his employer and his obligation to the Speaker.
The Speaker also said he had never appointed the legal adviser as his legal adviser and had never consulted or communicated with him.
He said that after the morning decision on Tuesday, his counsel had withdrawn and based on media reports, the afternoon proceedings proceeded without his lawyers' presence.
Courtesu:NST and BERNAMA
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