The Sultan of Perak then refused Menteri Besar Mohammad Nizar Jamaluddin's request to dissolve the state assembly and call elections.
The PM left and returned later (the same day) with 31 elected members of the State Assembly all of whom told the sultan that they had no confidence in the Pakatan Rakyat and that they would support a Barisan Nasional government.
On 11 May 2009, the Kuala Lumpur High Court ruled that the Sultan was not constitutionally permitted to dismiss the Menteri Besar, and that Nizar had always been the rightful head of the state government.
[9] The State Assembly speaker V. Sivakumar of the DAP then declared the seats held by Jamaluddin and Osman vacant and informed the Election Commission to initiate a by-election in the two ridings.
[11] The deputy speaker of the state assembly from the DAP Hee Yit Foong declared herself independent on 3 February 2009 with the same terms as Jamaluddin and Osman - supporting Barisan Nasional in matters of confidence.
[2][18] DAP advisor, Lim Kit Siang, charged that the sultan was obliged to act on the advice of the Menteri Besar and call fresh elections, citing Article 16(6) of the Perak State Constitution.
[19] Nizar refused to resign and asked the sultan to reconsider and dissolve the assembly, citing reasons of democracy, with backing from leaders of Pakatan Rakyat.
Nizar held a press conference in the office premises along with his exco, but they were promptly ordered to leave by the state secretary[23] on grounds that they had breached an earlier agreement to only take his personal belongings.
The ceremony was attended by members of the Barisan Nasional, including Najib, who arrived in the royal palace, Istana Iskandariah, Kuala Kangsar under heavy security.
[31] Nizar and other members of the Pakatan administration returned to the Menteri Besar official residence on 7 February and went ahead with approving three new policies in Perak.
Since the Election Commission had ruled that there was doubt over the vacancy of the state seats of Changkat Jering and Behrang (held by Osman Jailu and Jamaluddin Mohd Radzi respectively) after the pre-signed letters submitted by Assembly Speaker V. Sivakumar in relation to their resignation were contradicted by denials from both assemblymen, it triggered the provision of Article 33 (1).
[33] Mohammad Nizar Jamaluddin also filed an application at the High Court to declare the swearing in of Zambry Abdul Kadir as unconstitutional and illegal.
[36] The Coalition for Free and Fair Elections (Bersih) urged Malaysians to wear black on 7 May, to protest the "ongoing Perak coup" by the Barisan Nasional government.
The police warned political party supporters not to create tension by dressing in black and gathering illegally in protest of the Perak state assembly sitting.
[40][41] On 11 May 2009, the High Court of Kuala Lumpur ruled that, since there had been no vote of no confidence in the state assembly, the Barisan Nasional takeover was "illegal" and the Pakatan Rakyat's Mohd Nizar Jamaluddin still held office.
Nizar announced his executive council would report for work the next day, and asserted that the 7 May sitting of the state assembly was invalid because it had been called by Zambry.
[49] The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.