Mohd Azizi Abu Naim has turned to the civil court for an injunction to halt the upcoming by-election for the Nenggiri state seat.

The Kuala Lumpur High Court is set to hear the injunction application by Azizi tomorrow, who is also challenging his sacking by Bersatu.

He is seeking the injunction to maintain the status quo between parties, pending disposal of his originating summons not only against the Election Commission and Kelantan speaker Mohd Amar Abdullah, but also Bersatu’s two top leaders - president Muhyiddin Yassin and secretary-general Hamzah Zainudin.

Azizi is seeking a court declaration that articles 10.5 read with 10.4 and 10.6 of the party’s constitution violated his constitutional right to equality before the law and freedom of association.

He contended that his expulsion from Bersatu was invalid and that the Kelantan speaker’s declaration that Nenggiri fell vacant was null and void.

Bersatu informed the state speaker on June 12 that Azizi’s membership was revoked and subsequently, the Nenggiri seat fell vacant.

Bersatu president Muhyiddin Yassin

Azizi, who is also the Gua Musang MP, was among the seven Bersatu lawmakers whose party memberships were terminated for voicing support for the Madani government.

Aside from Azizi, the other representatives given the boot were Labuan MP Suhaili Abdul Rahman, Bukit Gantang MP Syed Abu Hussin Hafiz Syed Abdul Fasal, Tanjong Karang MP Zulkafperi Hanapi, Jeli MP Zahari Kechik, Kuala Kangsar MP Iskandar Dzulkarnain Abdul Khalid, and Selat Klang assemblyperson Abdul Rashid Asari.

Azizi contested under the PAS banner for the Perikatan Nasional coalition in the last general election.

Harian Metro previously quoted him saying he was “not surprised” by the party’s announcement, and that he would challenge it in the civil court.

Amending party constitution

Bersatu earlier amended its party constitution to stipulate that any elected representative who defected would automatically cease to be a party member.

In doing so, the defectors would also trigger the anti-hopping law per Article 49A of the Federal Constitution and their seats would be vacated.

The Registrar of Societies approved the amendment to Bersatu’s constitution in April.

On May 17, Bersatu instructed all its elected representatives to reaffirm their loyalty to the party, with a special committee reviewing their loyalty pledges.

Muhyiddin had warned that disobedience would result in the automatic termination of their membership.