KUALA LUMPUR: Former Nenggiri state assemblyman Mohd Azizi Abu Naim has withdrawn the originating summons he filed at the High Court here, challenging the termination of his membership from the Bersatu party.
Mohd Azizi's lawyer, Nur Irdina Syahirah Mohammad Wardi, informed judge Roz Mawar Rozain that the suit was withdrawn as it had become academic, given that the Nenggiri by-election had already taken place, resulting in the election of a new state assemblyman.
Meanwhile, the defendants, including Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, who was represented by counsel Awang Armadajaya Awang Mahmud, applied for RM250,000 in costs.
They argued that the case was of public interest and had required significant legal work due to its complexity, particularly with the involvement of the speaker's position, which has wider implications for the country's legislative body.
Counsel Chetan Jethwani, representing Bersatu president Tan Sri Muhyiddin Yassin and Bersatu secretary-general Datuk Seri Hamzah Zainudin, who were also named as defendants, sought RM250,000 in costs for both his clients.
"This lawsuit has no merit and would ultimately fail. This is evidenced by the withdrawal of the suit," said Chetan.
Judge Roz Mawar subsequently struck out the suit and ordered Mohd Azizi to pay costs of RM50,000 to Mohd Amar and RM50,000 to Muhyiddin and Hamzah.
Mohd Azizi had originally filed the lawsuit on June 24 last year, challenging his expulsion from Bersatu. He sought a declaration that his termination, communicated via a notice dated June 12, 2024, was unlawful and void, claiming the notice was issued with malice.
Mohd Azizi argued that an amendment to Article 10 of Bersatu's constitution, which allows revocation of membership if a member supports a political rival, was unconstitutional. - Bernama
