KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim has filed a legal bid to halt the upcoming by-election in Kelantan.
He is also seeking to challenge his termination from Parti Pribumi Bersatu Malaysia (Bersatu).
Azizi filed the originating summons at the High Court here on Monday by naming the party president Tan Sri Muhyiddin Yassin, secretary-general Datuk Seri Hamzah Zainuddin and Kelantan state assembly speaker's Datuk Seri Mohd Amar Abdullah as defendants.
In the originating summons, Azizi seeks a declaration that the by-election for the Nenggiri state seat cannot be conducted by the Election Commission (SPR) because he still holds the seat.
The plaintiff is seeking a court declaration that his dismissal from his position and membership in Bersatu through a notice dated June 12 is an unlawful dismissal.
He is also seeking court declaration that the notification letter from Mohd Amar to the EC stating that the Nenggiri state legislative assembly seat is vacant, is suspended.
The plaintiff also seeks a declaration that the notification letter is invalid and void, and that his dismissal from Bersatu was malicious.
Azizi asserts that the amendment to Article 10 of the party constitution, which stipulates that membership will cease if one supports a political rival, is unconstitutional.
The case will be heard before High Court judicial commissioner Roz Mawar Rozain tomorrow.
On June 19, the Kelantan state assembly declared the Nenggiri state seat vacant after Azizi's termination from representing Bersatu was notified on June 13.
Following the revocation of Azizi's membership, Amar said the state assembly decided to vacate the seat effective today in accordance with Phase Three of Article 31(A) of the state constitution.
He added that according to Article 31(A)(4) of the state constitution, the unexpectedly vacant seat needs to be filled within 60 days from the day the EC receives the notice.
On June 12, Bersatu secretary-general Datuk Seri Hamzah Zainudin said the party had revoked the memberships of six elected representatives.
Hamzah said the party issued notices to the six members, initiating their expulsion without delay.
Hamzah said the process was in line with the foundation of the party constitution and the country's laws under Article 49(A) of the Federal Constitution and/or under the related state government laws.
Last year, six Bersatu MPs 'went rogue'.
They are Gua Musang MP Mohd Azizi Abu Naim, Labuan MP Datuk Dr Suhaili Abdul Rahman, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).