They have named Bersatu president Tan Sri Muhyiddin Yassin, secretary-general Datuk Seri Hamzah Zainudin, working secretary Kapt (Rtd) Muhammad Suhaimi Yahya, and Registrar of Societies (ROS) director-general Masyati Abang Ibrahim as defendants.
Lawyer Haniff Khatri Abdulla yesterday filed a writ of summons against Muhyiddin and the three other defendants on behalf of the six plaintiffs.
The other plaintiffs are Bersatu deputy president Datuk Seri Mukhriz Mahathir, former ministers Syed Saddiq Syed Abdul Rahman and Dr Maszlee Malik as well as former deputy ministers Datuk Amiruddin Hamzah and Datuk Marzuki Yahya.
They are challenging the termination letter endorsed by Suhaimi, arguing that the position held by him was not recognised under the party’s constitution.
Suhaimi had recently sent letters to the six leaders claiming that they ceased to be members because they chose to be with the Opposition bloc during the half-day Parliament meeting last month.
The plaintiffs argued that the decision to invoke Clauses 10.2.2 and 10.2.3 of the Bersatu constitution was flawed because they neither joined another party nor made any announcement that they were quitting.
It is stated in the party’s constitution that their membership will cease automatically if they join another political party or quit the party.
They also challenged Muhyiddin for assuming the post of acting chairman on Feb 28, claiming he had misused his position.
The plaintiffs also denied Muhyiddin’s claim that the Bersatu supreme council had made a decision on Feb 24 to pull out of Pakatan Harapan.
They said the supreme council had made a decision on Feb 25 for Dr Mahathir to remain as party chairman, but Muhyiddin contravened the supreme council’s decision by declaring himself the acting chairman on Feb 28.
They also challenged Muhyiddin’s decision to drop or sideline supreme council members who were not aligned to him.
The plaintiffs are also seeking to nullify the membership of Muhyiddin, Hamzah and Suhaimi for joining the Perikatan Nasional coalition.
Perikatan Nasional came to power after the collapse of the Pakatan government.