KUALA LUMPUR: The High Court has fixed April 28 to hear an originating summons filed by former Nenggiri assemblyman Mohd Azizi Abu Naim who is challenging his termination from Bersatu.
Justice Roz Mawar Rozain set the date on Wednesday (Feb 19) after ruling that there were issues that needed to be ventilated regarding the party's constitution.
The judge also dismissed an application filed by the Elections Commission (EC), Bersatu and the Kelantan state assembly Speaker who sought to strike out Mohd Azizi's lawsuit.
In the same proceedings, the court, however, allowed the EC's application to strike out the originating summons which also challenged the Nenggiri state by-election held on Aug 17 last year.
Justice Roz Mawar said this was because the issue regarding the by-election had become academic after it was held.
"Once an election has concluded, a challenge to the previous seat holder becomes moot unless issues of fraud or illegality are established," she said.
The judge added that an election result should be challenged via an election petition and not an originating summons.
On June 24 last year, Azizi, who is also Gua Musang MP, filed the originating summons to seek a declaration that the by-election for the Nenggiri state seat could not be held or conducted by the EC (the fourth defendant) as he still held the seat.
He named Bersatu president Tan Sri Muhyiddin Yassin, then Bersatu secretary-general Datuk Seri Hamzah Zainudin, Kelantan Speaker Datuk Mohd Amar Nik Abdullah and the EC as defendants.
He is also seeking a court declaration that his dismissal from the party in a notice dated June 12 was not valid, that the notice itself was not valid, and that his dismissal was mala fide (in bad faith).
Azizi said an amendment made to Article 10 of the Bersatu constitution, which said membership would be terminated when the member supported a political rival, was unconstitutional.
