KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim (pic) has once again failed to stop the Nenggiri state by-election after the High Court dismissed his injunction application in his originating summons, Malay language daily Sinar Harian reports.
Judicial Commissioner Roz Mawar Rozain made the decision after finding that Mohd Azizi did not meet the requirements for the court to grant him the interim injunction.
The Election Commission (EC) set the Nenggiri state by-election for Aug 17, following an unexpected vacancy after the incumbent, Mohd Azizi Abu Naim, was declared to have lost his membership in Parti Pribumi Bersatu Malaysia (Bersatu) on June 13.
Mohd Azizi, the plaintiff, filed the originating summons on June 24 and named Bersatu president Tan Sri Muhyiddin Yassin, the party's secretary-general Datuk Seri Hamzah Zainuddin, Kelantan Speaker Datuk Mohd Amar Nik Abdullah and the EC as defendants.
In the originating summons, Mohd Azizi, who is also Gua Musang MP, sought a declaration that the Nenggiri state by-election could not be held or conducted by the EC as he still held the seat.
He also sought a court declaration that his dismissal from Bersatu via a notice dated June 12 was invalid, that the notice itself was void, and that his dismissal was made with malicious intent.
Mohd Azizi argued that the amendment to Article 10 of the Bersatu Constitution, which states that membership will be terminated if the member supports an opposing party, was unconstitutional.
On June 27, the High Court dismissed the interim injunction application filed by Mohd Azizi to stop the EC from holding the state by-election, deciding that he had not suffered any damage as he could still participate in the election.
The plaintiff's full injunction application will be heard on Aug 28.
