KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim (pic) has failed in his second attempt to stop the Election Commission (EC) from conducting the by-election for the state seat.
This was after High Court Judicial Commissioner Roz Mawar Rozain dismissed Mohd Azizi’s application for an interim injunction to halt the by-election pending disposal of his originating summons filed against Bersatu president Tan Sri Muhyiddin Yassin, secretary-general Datuk Seri Hamzah Zainudin, Kelantan state assembly Speaker Datuk Mohd Amar Nik Abdullah and the EC as the first to fourth defendants.
“The application raises complex constitutional issues that are more appropriately addressed in the main suit. The balance of convenience clearly holds the role of allowing the democratic process to proceed unimpeded.“Considering all these factors, the court is compelled to dismiss this application for an interim injunction,” she said yesterday, Bernama reported.
On June 27, the same court rejected Mohd Azizi’s ad interim injunction after finding that he did not suffer from any irreparable harm as he could still participate in the Aug 17 by-election.
In the originating summons, Mohd Azizi sought a declaration that the by-election for the Nenggiri state seat in Kelantan could not be held or conducted by the EC (the fourth defendant) as the seat is still held by the plaintiff.
Roz Mawar said the court found that granting an interim injunction would be equivalent to interfering with constitutional functions.
“This court will avoid entering the voting process for the required by-election. When it comes to public interest, the spectrum is wider than just the plaintiff,” she said.
She further said Mohd Azizi could have offered himself as a candidate in the by-election but he declined to do so, meaning he was no longer interested in running for the seat.
Roz Mawar also emphasised that the implementation of the electoral process for representatives of the people in a democratic nation prevails and the EC could proceed with its duties without judicial interference.
“Halting this process now, whereby the campaign has already started, could lead to logistical complications and unnecessary public expenditure,” she said.
Roz Mawar then ordered Mohd Azizi to pay RM30,000 in costs to the EC, the Kelantan state assembly Speaker and Bersatu.
“The court set Dec 18 to hear Mohd Azizi’s originating summons,” she said.
Counsel Datuk Seri Rajan Navaratnam represented Mohd Azizi, senior federal counsel Ahmad Hanir Hambaly appeared for EC, lawyer Awang Armadajaya Awang Mahmud acted for the Kelantan Speaker and lawyer Chetan Jethwani appeared for Bersatu.
In the originating summons, Mohd Azizi 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 an amendment to Article 10 of the Bersatu constitution, which stated that a member’s membership would be terminated when the member supported a political rival, was unconstitutional.
