Court allows Nenggiri by-election to proceed

KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim has failed to stop the upcoming by-election in Kelantan following the High Court’s dismissal of his interim injunction application.

Judicial Commissioner Roz Mawar Rozain dismissed the application after hearing lengthy submissions from both parties in her chambers on Thursday (June 27).

Lawyer Chetan Jethwani, who represented Parti Pribumi Bersatu Malaysia (Bersatu), said the court made the decision on the grounds that there was no irreparable harm since Mohd Azizi could still participate in the by-election.

Mohd Azizi filed the legal action earlier this week to challenge his dismissal from Bersatu.

He named Bersatu president Tan Sri Muhyiddin Yassin, party secretary-general Datuk Seri Hamzah Zainudin, Kelantan state assembly Speaker Datuk Mohd Amar Abdullah, and the Election Commission (EC) as defendants.

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According to the supporting affidavit, Mohd Azizi contended that an amendment made to Article 10 of the Bersatu Constitution, which said a member’s membership would be terminated when the member supports a political rival, was unconstitutional.

Mohd Azizi was seeking a court declaration that the by-election should not be held by the EC as the seat was still his.

He was also seeking a court declaration that his dismissal from the political party in a notice dated June 12 was not valid, the notice itself was not valid, and that his dismissal was done with mala fide (bad intention).

Kelantan Legislative Speaker Datuk Mohd Amar Nik Abdullah on June 19 declared the Nenggiri seat vacant after the Kelantan state assembly received a notice under Clause (3) of Article 31A of the Kelantan Constitution and a notice from Bersatu that Mohd Azizi had ceased to be a member.