Nenggiri by-election result stays

Summary

• The Kuala Lumpur High Court allows the Election Commission's application to strike out former Nenggiri assemblyperson Azizi Abu Naim against the regulator over the outcome of the state seat by-election last year.

• However, judge Roz Mawar Rozain does not allow the striking out application by Bersatu and the Kelantan state assembly speaker to nullify Azizi's suit over the issue of whether he is still a member of the opposition political party.

The civil court will not hear former Nenggiri assemblyperson Azizi Abu Naim's lawsuit to reverse the outcome of last year's Kelantan by-election.

However, the Kuala Lumpur High Court this morning is set to hear his challenge over the issue of the cessation of his membership in Bersatu.

Judge Roz Mawar Rozain denied an application by Bersatu and Kelantan speaker Amar Abdullah's application to strike out Azizi's (above) originating summons against the defendants.

She only allowed the Election Commission's (EC) bid to nullify the suit against it.

In June last year, the state assembly speaker declared the seat vacant after being notified by Bersatu that Azizi's membership ceased.

Two months later on Aug 17, the Nenggiri by-election took place, with Umno's Azmawi Fikri Abdul Ghani clinching the state seat.

During today's open-court proceedings, Roz Mawar ruled that Azizi did not choose to contest the by-election when the plaintiff had the opportunity to throw his hat into the by-election ring.

The judge said an originating summons is not the right mode to challenge the by-election's results, as only an election petition is the suitable mode to mount such a challenge.

"(The by-election issue is) Academic unless (there is evidence of) fraud. Here, the plaintiff was entitled to contest but he did not.

"His failure to contest with no evidence of fraud showed that this action (involving the portion over the by-election) is moot and not sustainable in law. He did not participate (in the state polls)," Roz Mawar noted.

However, the judge said the civil court would hear Azizi's challenge over the issue of his Bersatu membership status as it involves his constitutional right under the Federal Constitution.

She noted there is an arguable case over whether Article 10 of Bersatu's party constitution is valid (Azizi claimed that the party's provision is unconstitutional).

She then set April 28 for a full trial on the former representative's suit linked to the issue of his membership.

Azizi is part of the Bersatu 6 whose membership in the opposition party became an issue when they declared support for Prime Minister Anwar Ibrahim last year.

Lawyer Rajan Navaratnam acted for Azizi.

Counsel Chetan Jethwani acted for Muhyiddin Yassin and Hamzah Zainudin, who are Bersatu president and deputy president.

Senior federal counsel M Kogilambigai appeared for EC.

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