KUALA LUMPUR, Sept 17 — Undang of Rembau Hassan Ab Hamid has rejected the Negeri Sembilan executive council’s position on the removal of Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir, saying an administrative decision cannot override the state constitution or the Dewan Keadilan dan Undang (DKU) ruling on matters of adat.

Malaysiakini reported that Hassan said the dispute over the April 19 proclamation removing Tuanku Muhriz must be dealt with according to the Negeri Sembilan constitution, rather than being determined solely through an administrative decision or media statement. 

He said the key issue was not simply whether the Undang Yang Empat had the power to remove or select the Yang di-Pertuan Besar, but whether that power had been exercised in full compliance with the requirements and procedures under the state constitution.

“The existence of a power does not mean that the procedure for exercising it can be disregarded,” he said in a statement yesterday. 

Hassan said one fundamental question was whether a complete enquiry, as required, had been conducted before the April 19 proclamation was made.

He said the DKU had determined that no such enquiry was conducted and that Tuanku Muhriz was not given notice or an opportunity to be heard, which he said constituted a fundamental defect in the proclamation.

Hassan’s statement came after the state exco said yesterday that the proclamation was valid and that Tuanku Nadzaruddin Tuanku Ja’afar had been recognised as the new ruler with immediate effect. 

The exco said the proclamation had been signed and sealed by the legitimate Undang and that the removal of the ruler was the absolute prerogative of the Undang Yang Empat.

Hassan also cited DKU decisions on July 31 and Sept 13, which he said determined that the April 19 proclamation was invalid and affirmed that Tuanku Muhriz remained the Yang di-Pertuan Besar.

He said Article 16(3) of the state constitution stipulates that the DKU’s advice on questions of Malay adat is final and cannot be challenged in court.

“Therefore, an exco decision cannot set aside the DKU’s determination on adat or override the provisions of the state constitution,” he said.

Hassan also disputed the exco’s assertion that the proclamation had been signed by the “legitimate and duly serving undangs”, saying this contradicted the DKU’s determination concerning the adat status of three of the four signatories.