Nenggiri campaign ongoing, Azizi can't halt polls, EC says

Mohd Azizi Abu Naim cannot halt the ongoing polls campaign at Nenggiri, the Election Commission (EC) contended.

The commission’s representative, senior federal counsel Ahmad Hanir Hambaly @ Arwi today told the Kuala Lumpur High Court that Azizi’s injunction bid is academic.

Azizi (above) is seeking to restrain EC from conducting the Nenggiri polls set for Aug 17, pending disposal of his main suit challenging his Bersatu membership cessation.

Hanir told the civil court this afternoon that campaigning has been ongoing since nomination day on Aug 3, and postal votes have already been issued.

“He (Azizi) cannot restrain the EC from carrying out its constitutional duty. Any injunction granted would contravene public interest.

“The election writ was issued on June 28, the nomination was on Aug 3, and the election process has begun. Polling is on Aug 17.

“What is left is advance polling and general polls. The election process has begun. All the more reason why the EC should not be hindered from carrying out its constitutional duty,” Hanir told judicial commissioner Roz Mawar Rozain.

Azizi failed an initial attempt back on June 27 for the civil court to temporarily halt the Nenggiri polls.

Overtaken by events

During today’s court proceedings, Kelantan state speaker Mohd Amar Nik Abdullah’s legal representative argued that Azizi’s restraining order bid has been “overtaken by events”.

“It is like turning back the wheel of time. It is not something we should do,” lawyer Awang Armadajaya Awang Mahmud submitted.

Awang Armadajaya pointed out that since Azizi has allegedly had his Bersatu membership ceased, the politician could have thrown his hat into the Nenggiri by-election but did not do so.

In response, Azizi’s counsel Rajan Navaratnam argued that his client is still maintaining being a Bersatu member, thus not showing up for nomination day.

Rajan contended that Azizi did not wish to be a candidate as this would affect his lawsuit against Bersatu.

Roz then set Monday next week to deliver her decision on whether to temporarily halt the upcoming polls.

Via the suit, Azizi sought a court declaration that articles 10.5 read with 10.4 and 10.6 of Bersatu’s constitution violated his constitutional right to equality before the law and freedom of association.

He contended that his cessation as a Bersatu member was invalid and that the Kelantan speaker’s declaration that the Nenggiri seat fell vacant was null and void.

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