KUALA LUMPUR, Aug 12 — Former Nenggiri assemblyman Mohd Azizi Abu Naim today failed a second time to stop the Election Commission (EC) from conducting a by-election for the state seat on Saturday.
High Court judicial commissioner Roz Mawar Rozain dismissed 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, the party’s secretary-general Datuk Seri Hamzah Zainuddin, Kelantan 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.
On June 27, the same court rejected Azizi’s ad interim injunction after finding he did not suffer irreparable harm as he could still participate in the by-election.
In the originating summons, Azizi sought a declaration that the Nenggiri by-election cannot not be held or conducted by the EC as the seat is still held by the plaintiff.
Roz Mawar said the court found granting an interim injunction is equivalent to an interference 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 Azizi could have offered himself as a candidate in the by-election, but he declined, meaning he is no longer interested in running for the seat.
Roz Mawar emphasised that the implementation of the electoral process for representatives of the people in a democratic nation prevails, and the EC can proceed with its duties without judicial interference.
“Halting this process now, when the campaign has already started, could lead to logistical complications and unnecessary public expenditure,” she said.
Roz Mawar ordered Azizi to pay RM30,000 in costs to the EC, the Kelantan speaker, and Bersatu.
“The court set December 18 to hear Azizi’s originating summons,” she said.
Counsel Datuk Seri Rajan Navaratnam represented Azizi, senior federal counsel Ahmad Hanir Hambaly appeared for the EC, lawyer Awang Armadajaya Awang Mahmud acted for the Kelantan speaker, and lawyer Chetan Jethwani appeared for Bersatu.
In the originating summons, Azizi sought 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 in bad faith.
Azizi said an amendment to Article 10 of the Bersatu constitution, which states an individual’s membership will be terminated if they support a political rival, is unconstitutional.
— Bernama
