Nenggiri by-election to proceed as schedule after Azizi withdraws appeal

PUTRAJAYA - Former Nenggiri assemblyman Mohd Azizi Abu Naim has withdrawn his appeal at the Court of Appeal today against the High Court’s decision in dismissing his application for an interim injunction to stop the by-election for the state seat this Saturday.

Lawyer Awang Armadajaya Awang Mahmud, representing Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, when contacted by Bernama, said Mohd Azizi also withdrew his application for an Erinford injunction.

He said a three-judge panel comprising Court of Appeal judges Datuk P. Ravinthran, Datuk Collin Lawrence Sequerah and High Court judge Datuk Ahmad Kamal Shahid struck out Mohd Azizi’s appeal and application for an Erinford injunction during an online proceeding today.

Mohd Azizi’s counsel, Datuk Seri Rajan Navaratnam, when contacted, confirmed the matter.

With the withdrawal of the appeal and the Erinford injunction application, Awang Armadajaya said the by-election will proceed as scheduled this Saturday.

He said that during the proceedings, he requested RM50,000 in costs due to the late withdrawal of the appeal as he had put extensive effort into preparing the case and this was agreed by other respondents.

Awang Armadajaya said the court then ordered Mohd Azizi to pay RM25,000 in costs to Mohd Amar, another RM25,000 in costs to Bersatu president Tan Sri Muhyiddin Yassin and the party’s secretary-general Datuk Seri Hamzah Zainudin and RM25,000 in costs to the Election Commission (EC).

On Tuesday, the High Court in Kuala Lumpur dismissed Mohd Azizi’s application for an interim injunction, prompting him to appeal against the decision to the Court of Appeal.

Mohd Azizi sought the interim injunction to suspend the by-election pending the High Court’s decision over his legal challenge related to his dismissal from Bersatu.

In his originating summons, Mohd Aziz named Muhyiddin, Hamzah, Mohd Amar, and the EC as defendants.

On June 27, the same High Court dismissed Mohd Azizi’s application for an ad interim injunction, ruling that he did not suffer from any irreparable harm since he could still participate in the by-election.

In the originating summons, Mohd Azizi had 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 with mala fide (in bad faith).

He also sought a declaration that the EC cannot proceed with the by-election for the Nenggiri state seat in Kelantan, as the seat is still held by him.

Mohd Azizi contended that an amendment to Article 10 of the Bersatu constitution which terminates membership if the member supports a political rival, is unconstitutional.

Other lawyers representing Mohd Amar were Wan Rohimi Wan Daud, Yusfarizal Yusof and Kelantan state legal adviser Adam Mohamed while lawyer Chetan Jethwani acted for Muhyiddin and Hamzah.

Senior federal counsel Ahmad Hanir Hambaly@Arwi and Federal Counsel M. Kogilambigai appeared for the EC. - BERNAMA