KUALA LUMPUR: The High Court here will hear the suit filed by former Nenggiri Assemblyman Mohd Azizi Abu Naim to challenge the termination of his membership from Bersatu on April 28 this year.
Judge Roz Mawar Rozain decided the matter after finding there were questions regarding the Bersatu constitution that needed to be heard and decided by the court.
This court finds that Mohd Azizi’s challenge to his membership status in Bersatu raises arguable legal and factual issues,“ he said and set April 8 for the hearing.
Accordingly, Judge Roz Mawar dismissed the application from Bersatu and Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah to quash Mohd Azizi’s suit on the question of whether he is still a member of Bersatu.
However, the court allowed the Election Commission’s (EC) application to strike out the originating summons which also challenged the Nenggiri state by-election held on Aug 17 last year.
According to Judge Roz Mawar, the issue regarding the by-election has become academic with the holding of the Nenggiri by-election.
“Once an election has concluded, a challenge to the previous seat holder becomes moot unless issues of fraud or illegality are established,“ she said, adding that an election result should be challenged via an election petition and not an originating summons.
Mohd Azizi, who filed the originating summons on June 24 last year named Bersatu president Tan Sri Muhyiddin Yassin, Bersatu Secretary-General Datuk Seri Hamzah Zainudin, Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah and the EC as defendants.
He was seeking a declaration that theNenggiri state by-election cannot be conducted or carried out by the EC (the fourth defendant) because it was still held by him.
He also sought a declaration that his dismissal from his position and membership in Bersatu through a notice dated June 12 last year was invalid, void and wrong in law.
Mohd Azizi also sought a declaration that the notification letter was invalid and that his removal from Bersatu was made with malicious intent.
He contended that the amendment to Article 10 of the Bersatu Constitution, which mandates the termination of membership for individuals supporting a political rival, is unconstitutional.
