Datuk Dr Asyraf Wajdi Dusuki and Datuk Muhammad Jailani Khamis (right).
KUALA LUMPUR: Umno will initiate legal action against Rembia state assemblyman Datuk Muhammad Jailani Khamis after he declared his entry into PAS.
Umno secretary-general Datuk Dr Asyraf Wajdi Dusuki said the claim will be filed as Muhammad Jailani violated the Barisan Nasional agreement for the 15th Melaka State Election, signed in the presence of a commissioner for oaths and witnesses.
In a video posted by Asyraf, he stated it is clearly mentioned that if Muhammad Jailani intends to change parties or change course from Barisan Nasional, Umno, MIC and MCA or wants to become an Independent State Legislative Assembly candidate, he must resign as a member of Barisan, Umno or the State Legislative Assembly so that a by-election can be held.
"Muhammad Jailani has violated his sworn statement which he signed, stipulating that every candidate representing Barisan must pay RM100mil as stated in Clause 6.2, in case of party-hopping or switching allegiance from supporting Barisan, Umno, MIC, and MCA, including becoming an independent representative.
"It is signed by each candidate, including Muhammad Jailani, in his own writing and includes a sworn statement in his handwriting," Asyraf said in the video, holding up the paperwork on Facebook on Saturday (July 20).
Asyraf noted it was the original copy of the agreement for the 15th Melaka State Election in 2021.
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"It has been stamped under the Inland Revenue Board and signed in the presence of a commissioner for oaths and witnesses.
"This is Muhammad Jailani's signature," he said.
Asyraf clarified that Muhammad Jailani's recent statement, alleging that he is not bound by Umno and Barisan after declaring his PAS membership, is untrue.
He explained that the sworn statement (SD) has legal implications, citing a previous case involving former PKR Vice President Datuk Zuraida Kamaruddin.
"This SD has implications because we have had a previous case decided by the High Court involving Zuraida, who had to repay RM10mil after jumping from PKR.
"The Barisan contract is different as it is not RM10mil but RM100mil," he said.
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Asyraf added that Muhammad Jailani's actions violated Article 20.8 and Article 20.11 of the Umno Constitution, regarding disciplinary actions that can be taken against any party member.
"The Umno Constitution clarifies in Article 20.8 that any Umno member who becomes a registered member of another political party will have their membership revoked upon confirmation by the Supreme Council.
"In Article 20.11.1, it states that a member's membership will be automatically revoked if they have been elected as an MP or State Assemblyman and subsequently joins a political coalition not affiliated with Umno or chooses to become an independent MP or State Assemblyman," he said.
He concluded with, "This means we will see you in court."
PAS secretary-general Datuk Seri Takiyuddin Hassan revealed on Tuesday (July 16) that Muhammad Jailani became a PAS member in June 2023.
There are now three Perikatan assemblymen in the Melaka state assembly, including Dr Mohd Yadzil Yaakub (Bemban) and Dr Mohd Aleef Yusof (Sungai Udang).
Takiyuddin also mentioned that Muhammad Jailani joined PAS before Melaka enacted anti-party hopping laws in July 2023.
When asked why the announcement was made only a year after the switch, Takiyuddin said, "It's our strategy. We make announcements at the right time and place."
