The Malaysian Insight

THE Conference of Rulers will now elect among themselves the next Yang di-Pertuan Agong after Sultan Muhammad V of Kelantan stepped down from the post yesterday.

According to a rotation list based on seniority, the next sultans in line for the highest post in the country are the rulers of Pahang, Johor or Perak.

As stipulated in the federal constitution, the Conference of Rulers has the power to choose among themselves the country’s Agong or supreme head of the Malaysian federation for a period of five years.

Article 38 (6) of the constitution states:

“The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions,” including, “the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong.”

The provision also states that the Agong shall be elected by the conference for a term of five years but may at any time resign from his office by writing in his hand to the conference. The Agong may also be removed from office by the conference.

According to the Office of the Keeper of the Royal Seal, an election for the new Agong shall be held no later than four weeks after the post is vacant.

The keeper of the royal seal will ask each ruler whether he intends to be elected as the Agong or the deputy Yang di-Pertuan Agong. Only the nine Malay sultans from the Conference of Rulers are eligible to hold the post and only they can vote.

By convention, the most senior ruler is elected. But this rule is no longer practised after all nine rulers have had their turn to be Agong. Hence the conference now uses an amended list that rotates all nine for the post of Agong based on the seniority of their states.

Rulers who are still minors or who have stated that they do not want to be elected are ineligible to be chosen.

A ruler can be made ineligible if the conference, through a secret ballot, decides that he is not suitable to perform the functions of the Agong due to a mental or physical infirmity, or any other reason. Only a majority of five rulers can decide whether a candidate is unfit.

Secret vote

According to the keeper of royal seal website, after a date for the election is agreed upon, all nine sultans will meet together with the keeper and the assistant secretary of the Conference of Rulers.

Each ruler will be given an unnumbered, blank piece of paper and the same ink. They will all be asked whether the most senior candidate, according to the rotation list, is suitable for the post of Agong. Each ruler must write on the ballot paper whether the candidate is suitable or not.

The papers are stuffed into a ballot box and the votes counted together by the most junior ruler who is ineligible to be chosen, and the keeper. The ballots are destroyed once they are all counted.

A candidate must receive at least five votes to be chosen and offered the post of Agong. If one candidate does not receive the necessary votes, the election process begins again with the ruler who is next on the rotation list.

Once an Agong is chosen, an election will be held for the post of deputy Yang di-Pertuan Agong, using the same procedures. – January 7, 2019.