permitted to dismiss the Menteri Besar, and that Nizar had always been the rightful head of the state government. On 22 May 2009, the Court of Appeal overturned the High Court decision, and confirmed that the Barisan Nasional which has sworn in a new chief minister and parliamentary speaker for Perak should remain in power. Furthermore, the Court of Appeal found the trial judge to have erred in confusing the issue of whether the government has lost the confidence of the majority of the house with the issue of whether the Sultan has the power to dismiss the government. However Zambry's position as Menteri Besar will not go unchallenged despite the ruling as Pakatan Rakyat leaders have indicated they intend to file an appeal. Defections The crisis began on 25 January 2009 when a member of the Barisan Nasional coalition's main component party - UMNO, Nasarudin Hashim announced his decision to leave the party and join PKR. Pakatan Rakyat leader, Anwar Ibrahim made continued claims of the possibility of more Perak and also Federal lawmakers from Barisan Nasional crossing the floor to Pakatan Rakyat. Mohammad Nizar Jamaluddin, the state's First Minister, also hinted at the possibility of another three state lawmakers from Barisan Nasional defecting over to Pakatan Rakyat. Nasarudin Hashim's defection angered the then Prime Minister Abdullah Ahmad Badawi, who chided Nasarudin for being weak and claimed that Nasarudin's defection was because Nasarudin was disappointed in not being offered any senior party posts. Nasarudin rebutted the Prime Minister's statement and claimed his decision was due to the mood of his constituents. On 29 January 2009 then Finance Minister Najib Razak took over from Mohammad Tajol Rosli Ghazali as the Perak UMNO chief, as Tajol Rosli resigned over Nasaruddin's party shift. On 30 January 2009 two state assemblymen from PKR, senior state exco member and one time candidate for First Minister Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu, who were both previously accused of corruption went missing from their homes. 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. On 2 February 2009 both assemblymen reappeared and declared themselves independent assemblymen while pledging support for Barisan Nasional in confidence matters. The Election Commission then decided to not heed the speaker's requests and states that no by-elections