KUALA LUMPUR: Ousted Nenggiri assemblyman Mohd Azizi Abu Naim (pic) has applied for an injunction at the High Court to stop the by-election in the constituency, claiming that the seat is still his.
The application has been fixed for hearing before Judicial Commissioner Roz Mawar Rozain today.
The injunction application follows the filing of an originating summons last week by Mohd Azizi, who also challenged his dismissal from Bersatu.
He named Bersatu president Tan Sri Muhyiddin Yassin, party secretary-general Datuk Seri Hamzah Zainudin, Kelantan state assembly Speaker Datuk Mohd Amar Abdullah and the Election Commission (EC) as defendants.According to the supporting affidavit, Mohd Azizi contended that an amendment made to Article 10 of the Bersatu constitution, which said a member’s membership would be terminated when the member supported a political rival, was unconstitutional.
He is seeking a court declaration that the by-election should not be held by the EC as the seat is still his.
He is also seeking a court declaration that his dismissal from the political party in a notice dated June 12 was not valid, that the notice itself was not valid, and that his dismissal was done with mala fide (in bad faith).
On June 19, Mohd Amar declared the Nenggiri seat vacant after the Kelantan state assembly received a notice under Clause (3) of Article 31A of the Kelantan Constitution and a notice from Bersatu that Mohd Azizi had ceased to be a member.
