KUALA LUMPUR: The High Court here today rejected the interim injunction application by former Nenggiri assemblyman Mohd Azizi Abu Naim to stop the Election Commission (EC) from conducting the by-election for the state seat in Kelantan.
Lawyer Chetan Jethwani, representing Bersatu, said Judicial Commissioner Roz Mawar Rozain made the decision in chambers after finding that Mohd Azizi did not suffer from any irreparable harm as he could still participate in the by-election.
“With today’s decision, the EC can proceed with preparations for the by-election. The full injunction application will be heard on August 28 at 2.30 pm,“ the lawyer told reporters after the hearing of the interim injunction application.
According to the lawyer, the court ordered Mohd Azizi to pay costs of RM7,000 to each defendant, namely Bersatu president Tan Sri Muhyiddin Yassin, the party’s secretary-general Datuk Seri Hamzah Zainuddin, Kelantan State Legislative Assembly Speaker Datuk Mohd Amar Nik Abdullah, and the EC.
Meanwhile, Senior Federal Counsel Ahmad Hanir Hambaly, representing the EC and Mohd Amar, said the court stated that an interim injunction could not be granted to prevent the EC from carrying out its duties according to the Federal Constitution.
The proceedings, which began at 4.30 pm and concluded at 7.30 pm, were also attended by Mohd Azizi and his lawyer, Datuk Seri Rajan Navaratnam.
In the originating summons filed on June 24, Mohd Azizi, who is also Gua Musang MP, sought a declaration that the by-election for the Nenggiri state seat could not be held or conducted by the EC (the fourth defendant) as the seat was still held by the plaintiff.
He is also seeking a court declaration that his dismissal from the political party in a notice dated June 12 was not valid, that the notice itself was not valid, and that his dismissal was done with mala fide (in bad faith).
Mohd Azizi said that an amendment made to Article 10 of the Bersatu constitution, which said a member’s membership would be terminated when the member supported a political rival, was unconstitutional.
