KUALA LUMPUR: Bersatu has filed a lawsuit seeking to compel Dewan Rakyat Speaker, Tan Sri Johari Abdul, to vacate five of its parliamentary seats.
The lawsuit was filed by Bersatu secretary-general, Datuk Capt (R) Muhammad Suhaimi Yahya, and Bersatu vice-president and Chief Whip, Datuk Seri Dr. Ronald Kiandee, through the law firm Messrs Chetan Jethwani & Company at the High Court on Nov 15, a copy of which was obtained by the reporter.
The party has named Johari, and the five members of parliament (MPs), namely Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Datuk Dr. Zulkafperi Hanapi (Tanjong Karang) as defendants.
The plaintiffs are seeking a declaration that Johari, in a letter dated July 9, 2024, 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 also request 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.
The plaintiffs also seek a declaration that, under Article 49A(1)(a)(ii) of the Federal Constitution, the first defendant is responsible for ensuring that the second to sixth defendants are no longer members of the Bersatu party, thus creating unexpected vacancies for the five parliamentary seats.
Additionally, they request a declaration that, under Clause 10.6 of the Bersatu Constitution, a notice of cessation of membership, as determined by the Bersatu supreme leadership council, cannot be contested by the first defendant.
In the supporting affidavit, Ronald stated that the second to sixth defendants were elected as MPs in the 15th General Election and were members of Bersatu at the time.
However, following the election, Bersatu or Perikatan Nasional decided not to join the Unity Government led by Datuk Seri Anwar Ibrahim, remaining in the opposition.
Ronald further stated that starting from Oct 12, 2023, the second to sixth defendants shifted their support to Anwar and the government, which directly violated Bersatu’s stance against supporting or joining a government led by Anwar.
“Although the second to sixth defendants claim they are still members of Bersatu, their actions amount to party hopping. They have exploited the anti-party hopping law to avoid leaving the party, despite their actions clearly breaching the party’s principles,“ said the Beluran MP.
Ronald said on May 17, 2024, the Bersatu supreme leadership council issued a written directive under Clause 10.5 of the Bersatu Constitution, instructing the second to sixth defendants to withdraw their support for Anwar as Prime Minister.
“The second to sixth defendants were also required to formally notify the Speaker of the Dewan Rakyat, comply with all policies, decisions, and directives made by the Bersatu supreme leadership council, and reaffirm their unwavering loyalty to the party and its cause,“ he added.
However, he stated, that the defendants neglected, failed, and refused to follow these orders. As a result, on June 12, 2024, Bersatu issued a notice confirming the immediate termination of their membership and the removal of their names from the party’s registration system, under Clause 10.6 of the Bersatu Constitution.
Meanwhile, a check of the court system revealed that case management is set for Nov 29.
