PUTRAJAYA: Former Nenggiri assemblyman Mohd Azizi Abu Naim has withdrawn his appeal at the Court of Appeal against the High Court’s decision to dismiss his application for an interim injunction to stop the by-election for the state seat this Saturday (Aug 17).
Lawyer Awang Armadajaya Awang Mahmud, representing Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah, said Mohd Azizi also withdrew his application for an Erinford injunction.
A three-judge panel comprising Court of Appeal Judges P. Ravinthran, Collin Lawrence Sequerah, and High Court Judge Ahmad Kamal Shahid struck out Mohd Azizi’s appeal and application for an Erinford injunction during an online proceeding Thursday (Aug 15).
Mohd Azizi’s counsel, Datuk Seri Rajan Navaratnam, confirmed the matter.
With the withdrawal of the appeal and the Erinford injunction application, Awang Armadajaya said the by-election will proceed as scheduled this Saturday.
During the proceedings, he requested RM50,000 in costs due to the late withdrawal of the appeal, citing extensive effort put into preparing the case. This was agreed upon by other respondents.
The court then ordered Mohd Azizi to pay RM25,000 in costs to Mohd Amar, another RM25,000 to Bersatu president Tan Sri Muhyiddin Yassin and the party’s secretary-general Datuk Seri Hamzah Zainudin, and RM25,000 to the Election Commission (EC).
On Tuesday (Aug 13), the High Court in Kuala Lumpur dismissed Mohd Azizi’s application for an interim injunction, prompting him to appeal the decision to the Court of Appeal.
Mohd Azizi sought the interim injunction to suspend the by-election pending the High Court’s decision over his legal challenge related to his dismissal from Bersatu.
In his originating summons, Mohd Azizi named Muhyiddin, Hamzah, Mohd Amar, and the EC as defendants.
On June 27, the same High Court dismissed Mohd Azizi’s application for an ad interim injunction, ruling that he did not suffer any irreparable harm since he could still participate in the by-election.
In the originating summons, Mohd Azizi sought 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 in bad faith (mala fide).
He also sought a declaration that the EC cannot proceed with the by-election for the Nenggiri state seat in Kelantan, as he contended the seat is still held by him.
Mohd Azizi argued that an amendment to Article 10 of the Bersatu constitution, which terminates membership if the member supports a political rival, is unconstitutional.
Other lawyers representing Mohd Amar were Wan Rohimi Wan Daud, Yusfarizal Yusof, and Kelantan state legal adviser Adam Mohamed, while lawyer Chetan Jethwani acted for Muhyiddin and Hamzah.
Senior Federal Counsel Ahmad Hanir Hambaly@Arwi and Federal Counsel M. Kogilambigai appeared for the EC. – Bernama
