KUALA LUMPUR (June 27): The High Court on Thursday dismissed ousted Nenggiri assemblyman Mohd Azizi Abu Naim’s application for an interim injunction to stop the Election Commission (EC) from holding a by-election for the seat.
Judicial Commissioner Roz Mawar Rozain ruled that the court could not stop the EC from performing its constitutional duty.
Roz Mawar, who delivered her decision at 7pm, ordered Mohd Azizi to pay RM7,000 in costs.
Senior federal counsel Ahmad Hanir Hambaly, who represented the EC, and Azizi’s lawyer Datuk Rajan Navaratnam confirmed the court's decision when contacted separately by The Edge.
Rajan added that Roz Mawar has fixed August 28 for the inter partes (between both parties) hearing of Mohd Azizi’s challenge.
Lawyer Chethan Jethwani appeared for Parti Pribumi Bersatu Malaysia (Bersatu) president Tan Sri Muhyiddin Yassin and its secretary-general Datuk Seri Hamzah Zainuddin.
Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah had declared the Nenggiri seat vacant last week.
Mohd Azizi, in his application, had named Mohd Amar and EC as respondents.
The EC, which received notice of the vacancy, is scheduled to hold a meeting on Friday to discuss matters relating to the Nenggiri by-election.
Mohd Azizi, who is also the member of Parliament for Gua Musang, ceased to be a member of Bersatu after he pledged support for Prime Minister Datuk Seri Anwar Ibrahim.
He filed a lawsuit on Monday through lawyer Shankar Govinth in seeking a declaration that the by-election for the Nenggiri seat cannot be conducted by the EC because it is still held by him.
He also sought a declaration that his dismissal from his position and Bersatu through a notice dated June 12 was invalid.
He also requested for an order that the announcement of the notification letter from Mohd Amar to the EC that the seat is vacant be suspended.
Additionally, Mohd Azizi sought a declaration that the letter was invalid and that his dismissal from Bersatu was malicious.
According to Mohd Azizi, the amendment to Clause 10 of Bersatu's constitution, which stipulates that a person's membership shall be terminated if he supports a political rival, is unconstitutional.