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The Kuala Lumpur High Court said former Nigiri state assemblyman Aziz Abu Naim can still seek redress in his main lawsuit challenging his expulsion from Bersatu.
(FMT) – The Sarawak High Court has dismissed the second injunction application filed by former Nigiri assemblyman Aziz Abu Naim to suspend the Aug 17 by-election for the state seat.
Judicial Commissioner Roz Mawar Rozain said the ban restricting the Election Commission (EC) is tantamount to interfering in the country’s democratic process.
“The injunction is of no use. The court noted that the plaintiff (Aziz) could have contested the (ongoing) by-election but he chose not to.
“His refusal to run may be because he knows voters might punish him for betraying (the people’s mandate).”
She said Aziz could still seek redress in his primary lawsuit to fight his expulsion from Bersatu.
The court is scheduled to hear Aziz’s case on December 18.
In his lawsuit, Aziz said the amendment to Section 10 of Bersatu’s constitution, which states that a person’s membership in the party will be terminated if they support a political opponent, was unconstitutional.
He wants the court to strike down the amendment on the grounds that it violates the federal constitution.
Aziz also wants the court to declare the vacancy notice issued by the Kelantan state assembly speaker to the Election Commission invalid.
He said he was not given the right to defend himself until the seat became vacant.
He named Bersatu president Muhyiddin Yassin, Bersatu secretary-general Hamzah Zainudin, Kelantan state assembly speaker Amar Abdullah and the Election Commission as defendants.
Bersatu said his membership was revoked due to Aziz’s failure to declare his loyalty to the party and his continued support for Prime Minister Anwar Ibrahim’s government.
Aziz, who is also the Gua Musang MP, was one of six Bersatu MPs who pledged their support to Anwar last year.
Lawyer Rajan Navaratnam represented Azizi, senior federal counsel Ahmad Hanir Hambaly represented the EC and lawyer Awang Armadajaya Awang Mahmud represented Amar.
On June 27, the Kuala Lumpur High Court dismissed Aziz’s application for a temporary injunction to suspend the state by-election.
Roz Mawar said the court could not stop the Election Commission from holding the by-election as it was performing its constitutional duties.
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