KUALA LUMPUR: Bersatu has filed a lawsuit against five of its former MPs for party-hopping, and against Dewan Rakyat Speaker Tan Sri Johari Abdul for his refusal to declare the corresponding seats vacant.
The party, through its public officers Datuk Capt (R) Muhammad Suhaimi Yahya and Datuk Seri Dr Ronald Kiandee, filed the originating summons via Messrs Chetan Jethwani & Company at the High Court registry on Nov 15.
Apart from Johari, who was sued in his capacity as the Speaker, the party named five of its former members who had pledged their support for Prime Minister Anwar Ibrahim’s government as co-defendants.
The five are Datuk Iskandar Dzulkarnain Abdul Khalid (P.067 - Kuala Kangsar), Mohd Azizi Abu Naim (P.032 - Gua Musang), Zahari Kechik (P.030 - Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (P.059 - Bukit Gantang) and Datuk Dr Zulkafperi Hanapi (P.095 - Tanjong Karang).
In its supporting affidavit, affirmed by Kiandee, the party claimed that Johari made an invalid decision and exceeded his jurisdiction when he decided that vacancies for the five MPs' seats did not occur, which it claimed violated Article 49A(1)(a)(ii) and Article 49A(3) of the Federal Constitution.
Kiandee said Johari's decision was partisan in nature which violated and contrary to the latter's duty to establish casual vacancies of the seats.
He further claimed that the five MPs' action in shifting their support and disobeying party policies, rulings and directives but yet refusing to resign from the party was made deceitfully so they could evade vacating their seats.
"I am advised by my solicitors and verily believe that the first defendant (Johari) had wrongfully and by abusing his power condoned the actions of the D2 to D6 (the five MPs) by deliberately exceeding the jurisdiction accorded to him.
"As a result, the act of party hopping will continue to run rampant and cannot be curbed although an amendment in the form of Article 49A of the Federal Constitution has been legislated," Kiandee said.
The party seeks a declaration that Johari acted in violation of Article 49A(3) through a letter dated July 9, by erroneously deciding that there was no casual vacancy in the five parliamentary seats.
It also seeks a declaration that Johari must comply with Article 49A(3) by ensuring the five seats are vacated and notifying the Election Commission (EC) within 21 days of the court order.
The plaintiffs further seek a declaration under Article 49A(1)(a)(ii) that Johari’s role requires him to ensure that the five MPs are no longer Bersatu members, thereby triggering casual vacancies.
They also want a declaration under Clause 10.6 of Bersatu’s constitution that the termination of membership, as decided by the party’s supreme council, is not subject to challenge by the first defendant (Johari).
The case has been fixed for case management on Nov 29.
