Court denies second bid to halt Nenggiri polls

The civil court for the second time denied a bid by former Nenggiri assemblyperson Mohd Azizi Abu Naim to halt the upcoming by-election this Saturday.

The Kuala Lumpur High Court this morning dismissed Azizi’s (above) injunction application linked to his main suit targeting his Bersatu membership cessation.

The Kelantan speaker had declared the seat vacant, following Bersatu stating Azizi’s membership cessation. Nomination day took place on Aug 3, kicking off the ongoing campaign.

On June 27, the civil court denied Azizi’s initial attempt to halt the state elections, pending disposal of his main suit against Bersatu.

Judicial commissioner Roz Mawar Rozain this morning ruled that the law does not permit an injunction against the Election Commission (EC), which exercises a vital function in the democratic process.

Public interest interference

Roz pointed out that allowing such an injunction would interfere with the public interest for the by-election to continue and foster uncertainty in the democratic process.

The judicial commissioner said Azizi could have offered himself as a candidate on nomination day, but declined to do so.

“His failure to offer himself as a candidate means he is no longer interested in running for the Nenggiri seat,” she said.

“A by-election determines the free will of the people and their approval or disapproval of the plaintiff (Azizi) representing them,” the judicial commissioner said.

Roz then ordered Azizi to pay RM30,000 to the defendants, namely EC, the Kelantan state speaker, and Bersatu.

The civil court then set Dec 18 to hear Azizi’s main lawsuit targeting his Bersatu membership cessation.

Counsel Rajan Navaratnam appeared for Azizi. Senior federal counsel Ahmad Hanir Hambaly @ Arwi represented EC.

Counsel Awang Armadajaya Awang Mahmud acted for the Kelantan speaker, while lawyer Chetan Jethwani appeared for Bersatu.

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