PETALING JAYA: The by-election for the Nenggiri state seat in Kelantan has been called but the former assemblyman Mohd Azizi Abu Naim still has legal avenues to halt the polls, say legal eagles.
Political pundits, on the other hand, foresee a rather dim chance of Mohd Azizi retaining the seat should he choose to run again in the upcoming by-election.
On Thursday, Mohd Azizi failed in his bid to stop the by-election after the High Court dismissed his interim injunction application.
Mohd Azizi sought a court declaration that the by-election should not be held by the Election Commission (EC) as the seat was still his.
On June 19, Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah had declared the seat vacant after it was informed that Mohd Azizi had ceased to be a member of Bersatu, a component of the state ruling coalition Perikatan Nasional.
The political development came about after Mohd Azizi, who is also Gua Musang MP, declared support for the unity government. He is one of six MPs and two state assemblymen formerly with Bersatu who have done so.
Senior lawyer Mohamed Haniff Khatri Abdulla said Mohd Azizi could seek an interim stay in the Court of Appeal pending his legal action to challenge the Speaker’s decision.
“There are avenues for him to get an order before nomination or polling day,” Mohamed Haniff said.
Lawyer Andrew Khoo, too, said Mohd Azizi can appeal the decision of the interim injunction application to stop the EC from conducting the by-election or file for leave to apply for judicial review.
Constitutional and Legal expert, Prof Dr Nik Ahmad Kamal Nik Mahmood said the issue regarding the status of the seats originated from the six rogue Bersatu MPs.
“In the Dewan Rakyat, we are facing the same issue at the federal level. There’s another state seat concerned, in Selangor.
“If there are different rulings from the respective Speakers on the same question of law, though they have the discretion to do so, it will be a mockery of the law because it is all on the same interpretation of the law (on the Bersatu seats),” he said.
Dr Oh Ei Sun, senior fellow from the Singapore Institute of International Affairs, said Mohd Azizi is unlikely to win the seat again as support will swing to Perikatan because PAS, a component under it, has overwhelming backing in Kelantan.
“Either way there will be lawsuits as MPs deprived of seats will seek judicial review, and Perikatan will do likewise if the Speaker decides not to vacate those seats,” he said on the potential fate of the other rogue former lawmakers of Bersatu.
Political pundit Dr Tunku Mohar Tunku Mohd Mokhtar, also of IIUM, said that if the court action by Azizi fails, it is going to be very difficult for him to defend the seat.
“It doesn’t look good for him, and he would know that the constituency, in fact, the whole state, is PAS territory. He may lack the charisma or track record to get the voters to back him again,” he opined.
This outcome would likely be repeated in the other seats in question, said Tunku Mohar.
“Perikatan is expected to retain the seats, with an exception possibly in Gua Musang, which, depending on the candidates, might be a 50-50 chance for them,” he added.
On Nenggiri, he said the “betrayal” card would be played up.
“If the incumbent does not contest the seat, then the focus will shift to local and national issues,” he said.
The status of the six MPs and the assemblyman in Selangor has yet to be decided by the Dewan Rakyat and Selangor state assembly Speakers respectively.
Yesterday, the EC set Aug 3 as nomination day for Nenggiri and polling on Aug 17.
