KUALA LUMPUR (March 5): Parti Pribumi Bersatu Malaysia (Bersatu) has withdrawn its lawsuit against Parliament Speaker Datuk Johari Abdul, for refusing to vacate five parliamentary seats held by its expelled members. 

Bersatu’s legal counsel, Chetan Jethwani, informed the court of this on Wednesday. 

He told High Court judge Mahazan Mat Taib that this decision was prompted by the Federal Court’s decision in January which quashed the party’s appeal for a judicial review against Johari’s decision. 

“Given that decision, my client has no alternative but to withdraw this summons,” the lawyer told Mahazan.

The judge then struck off the suit and ordered Bersatu to pay the five MPs, all named as defendants, a total of RM10,000 in costs.

Bersatu filed the suit in 2024 through its secretary Datuk Captain (Rtd) Muhamad Suhaimi Yahya and Bersatu whip and vice-president Datuk Seri Dr Ronald Kiandee, who is also Beluran MP, and named Zahari Kechik (Jeli), Mohd Azizi Abu Naim (Gua Musang), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Datuk Dr Zulkafperi Hanapi (Tanjong Karang) and Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), along with Parliament Speaker Tan Sri Johari Abdul, as defendants.

Lawyers for the five MPs — Datuk Firoz Hussein Jamaluddin and Michael Anthony — had urged the court to award RM100,000, as they had done substantial ground work for the case. 

However, Zulkefli Sulaiman, the federal counsel representing Johari, said that the government was not seeking any costs. 

In this case, Bersatu was seeking a declaration that Johari, in a letter dated July 9, 2024, had acted in violation of Article 49A(3) of the Federal Constitution by erroneously ruling that no unexpected vacancies had occurred for the five parliamentary seats.

The plaintiffs had also requested for a declaration that Johari must comply with the provision by confirming that the unexpected vacancies have occurred and notifying the Election Commission of the same within 21 days of the court order.
 
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