Feb 9 decision for bid to dismiss ex-Nenggiri rep's originating summons

The High Court today fixed Feb 19 next year to deliver its decision on the applications to dismiss an originating summons brought by former Nenggiri assemblyperson Mohd Azizi Abu Naim.

The applications were filed by the Election Commission (EC), Bersatu, and the Kelantan state assembly speaker.

Judge Roz Mawar Rozain set the date after hearing submissions from the parties during in-chamber proceedings, which were attended by senior federal counsel M Kogilambigai, representing the EC and the government.

Also present were lawyer Chetan Jethwani, representing Bersatu president Muhyiddin Yassin and secretary-general Hamzah Zainudin, as well as lawyer Awang Armadajaya Awang Mahmud, acting for Kelantan state assembly speaker Mohd Amar Nik Abdullah.

Azizi (above), a former Gua Musang MP, is seeking a declaration that the dismissal from his position and membership in Bersatu, through a notice dated June 12, was unlawful, null, and void.

Earlier in the proceedings, Awang submitted that it is an undisputed fact that the Nenggiri by-election on Aug 17 resulted in the election of Mohd Azmawi Fikri Abdul Ghani.

“It is equally undisputed that the plaintiff (Azizi) refused, neglected, and failed to offer himself as a candidate in the by-election, notwithstanding there was no impediment, legal or otherwise, for him to enter the fray.

“To put the record straight, there is no impediment, legal or otherwise for the plaintiff to name Azmawi, who was elected to the Nenggiri seat, as one of the defendants,” he submitted.

He emphasised that Azmawi, as the winning candidate in the by-election, should be accorded the right to be heard, as he stands to be the most affected if the originating summons and the reliefs sought are granted.

“For the reasons stated above, this summons should be struck out because it discloses no reasonable cause of action or defence, as the case may be scandalous, frivolous, and vexatious.

“It may also prejudice or delay the fair trial of the action and constitute an abuse of the court process," said Awang.

Meanwhile, Azizi’s lawyer Rajan Navaratnam informed the court that his client is likely to withdraw the suit against the EC.

In the originating summons filed on June 24, Azizi seeks a declaration that the Nenggiri by-election should not have been held or conducted by the EC as the seat was still held by him.

He also seeks a declaration that the dismissal from his position and membership in Bersatu, through a notice dated June 12, was invalid, null, and unlawful.

Azizi further seeks a declaration that the notification letter was invalid and that his removal from Bersatu was made with malicious intent.

The plaintiff contends that the amendment to Article 10 of the Bersatu Constitution, which mandates the termination of membership for individuals supporting a political rival, is unconstitutional.

- Bernama

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