KUALA LUMPUR: The High Court was told that an inter-parte injunction application by former Nenggiri assemblyman Mohd Azizi Abu Naim to stop the Election Commission (EC) from conducting the by-election for the state seat in Kelantan is a non-starter as it has been rendered academic and nugatory.
Senior federal counsel Ahmad Hanir Hambaly, representing the EC, said this on Wednesday (Aug 7) because the EC has instructed the by-election to commence for the seat of Nenggiri.
"The EC had announced that the nomination for Nenggiri by-election on Aug 3 and the polling on Aug 17,” he said adding that the EC is an institution established by the Federal Constitution and is entrusted to conduct elections in this country and should not be restrained from carrying out its constitutional function as provided in the Federal Constitution.
Meanwhile, lawyer Awang Armadajaya Awang Mahmud, representing Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, said his client was just discharging his duties in accordance with Article 31A of the Kelantan State Constitution relating to the notification of the vacant Nenggiri seat.
"Mohd Azizi’s restraining order bid has been overtaken by events. It is like turning back the wheel of time. It is not something we should do,” he said, adding that Mohd Azizi's application should be dismissed by the court.
Counsel Datuk Seri Rajan Navaratnam, representing Mohd Azizi, said that his client is still a Bersatu member and did not wish to be a candidate as this would affect his lawsuit against Bersatu.
After hearing submissions from both parties, Judicial Commissioner Roz Mawar Rozain set Aug 12 for the decision.
Mohd Azizi, as the plaintiff, filed the originating summons on June 24, naming Bersatu president Tan Sri Muhyiddin Yassin, the party's secretary-general Datuk Seri Hamzah Zainuddin, Mohd Amar and the EC as the first to fourth defendants.
In the originating summons, Mohd Azizi, who was also Gua Musang MP at that time, sought a declaration that the by-election for the Nenggiri state seat could not be held or conducted by the EC (the fourth defendant) as the plaintiff still held the seat.
He is also seeking a court declaration that his dismissal from the political party in a notice dated June 12 was not valid, that the notice itself was not valid, and that his dismissal was done with mala fide (in bad faith).
Mohd Azizi said that an amendment made to Article 10 of the Bersatu constitution, which said a member’s membership would be terminated when the member supported a political rival, was unconstitutional.
On June 27, the High Court here rejected the interim injunction application by Mohd Azizi to stop the EC from conducting the by-election for the state seat in Kelantan, after finding that Mohd Azizi did not suffer from any irreparable harm as he could still participate in the by-election. – Bernama
