KUALA LUMPUR: Former Nenggiri state assemblyman, Mohd Azizi Abu Naim filed an originating summons to stop the Election Commission (EC) from holding a by-election of the Nenggiri state seat in Kelantan.
Mohd Azizi, as the plaintiff, filed the originating summons on June 24 through Shankar Govinth, naming Bersatu president Tan Sri Muhyiddin Yassin, the party’s secretary-general, Datuk Seri Hamzah Zainuddin, Kelantan Assembly Speaker Datuk Mohd Amar Nik Abdullah and the EC as the first to fourth defendants.
In the originating suit, Mohd Azizi who is also a former Member of Parliament for Gua Musang sought a declaration that the by-election for the Nenggiri state seat cannot be conducted or carried out by EC (fourth defendant) because it is still held by the plaintiff.
He also sought a declaration that his dismissal from his position and membership in Bersatu through a notice dated June 12 was invalid and void and wrong in law.
The plaintiff also requested a declaration that the announcement of the Notification Letter from Mohd Amar (the third defendant) to the EC that the Nenggiri state seat is vacant, be suspended.
Mohd Azizi also sought a declaration that the Notice Letter was invalid and null and void and that his dismissal from Bersatu was malicious.
According to the plaintiff, the amendment to Clause 10 of Bersatu Constitution which stipulates that a person’s membership will be terminated if he supports a political rival, is unconstitutional.
Meanwhile, the hearing of Mohd Azizi’s application for an injunction to stop the by-election will be heard before Judicial Commissioner Roz Mawar Rozain, tomorrow.