Court denies Azizi’s second bid to halt Nenggiri by-election
The Kuala Lumpur High Court says ex-Nenggiri assemblyman Azizi Abu Naim can still seek recourse in his main lawsuit to challenge his sacking from Bersatu.
(FMT) – The High Court here has denied former Nenggiri assemblyman Azizi Abu Naim’s second application for an injunction to halt the Aug 17 state seat by-election.
Judicial commissioner Roz Mawar Rozain said an injunction to restrain the Election Commission (EC) is akin to interfering in the country’s democratic process.
“The injunction serves no useful purpose. The court noted that the plaintiff (Azizi) could have taken part in the (on-going) by-election, but chose not to.
“His refusal to contest might be because he is aware voters might punish him for betraying (the people’s mandate).”
She said Azizi can still seek recourse in his main lawsuit to challenge his sacking from Bersatu.
The court fixed Dec 18 to hear Azizi’s lawsuit.
In his suit, Azizi contended that an amendment to Clause 10 of Bersatu’s constitution, which stipulates that one’s membership will cease if he supports a political rival, is unconstitutional.
He wants the court to strike down the amendment on the grounds that it violates the Federal Constitution.
Azizi also wants the court to declare a notice issued by the Kelantan state assembly speaker advising the EC of the vacancy null and void.
He said he was not given the right to defend himself before the seat was vacated.
He named Bersatu president Muhyiddin Yassin, Bersatu secretary-general Hamzah Zainudin, Kelantan Speaker Amar Abdullah and the EC as defendants.
Bersatu said Azizi’s membership ceased after he failed to declare his loyalty to the party, and because of his continued support for Prime Minister Anwar Ibrahim’s administration.
Azizi, who is also the Gua Musang MP, is one of six Bersatu MPs who pledged support for Anwar last year.
Lawyer Rajan Navaratnam represented Azizi, senior federal counsel Ahmad Hanir Hambaly appeared for the EC, and lawyer Awang Armadajaya Awang Mahmud represented Amar.
On June 27, the Kuala Lumpur High Court denied Azizi’s application for a temporary injunction to halt the by-election for the state seat.
Roz Mawar said the court could not restrain the EC from holding a by-election as it was exercising its constitutional duty.
