KUALA LUMPUR: The High Court has fixed Feb 19 to deliver its verdict on former Parti Pribumi Bersatu Malaysia (Bersatu) lawmaker Mohd Azizi Abu Naim's legal bid to challenge his termination from the party.
Judge Roz Mawar Rozain fixed the date after hearing submissions from parties involved in the dispute during the hearing.
The former Nenggiri assemblyman filed the originating summons in June by naming party president Tan Sri Muhyiddin Yassin, former secretary-general Datuk Seri Hamzah Zainudin and Kelantan state assembly speaker Datuk Seri Mohd Amar Abdullah as defendants.
The plaintiff is seeking a court declaration that his termination from his position and membership in Bersatu through a notice dated June 12 was unlawful.
Lawyer Awang Armadajaya Awang Mahmud, representing Amar, argued that the Nenggiri by-election concluded on Oct 17, electing Mohd Azmawi Fikri Abdul Ghani of Barisan Nasional as the assemblyman.
He said the plaintiff had failed to contest the by-election despite facing no legal or other barriers to his candidacy.
Awang Armadajaya also highlighted that Azmawi Fikri should be named as a defendant in the suit, as he stands to suffer the most if the suit is allowed to proceed.
"For these reasons, the suit should be dismissed as it does not disclose any reasonable cause of action or defence.
"It is frivolous, vexatious and constitutes an abuse of the court process.
"This action also risks causing prejudice, embarrassment and amounts to a misuse of the judicial process."
On June 19, Amar declared the seat vacant after Azizi's termination from Bersatu, with an official notice relayed to him on June 13.
Amar stated that following Azizi's membership revocation, the state assembly vacated the seat effective June 19, in line with Phase Three of Article 31(A) of the state constitution.
On June 12, Hamzah, who was the then Bersatu secretary-general at the time, said the party had revoked the memberships of six representatives.
Hamzah said the party issued notices to the six members, initiating their expulsion without delay.
Last year, the six Bersatu members of parliament "went rogue" when they declared support for the unity government and Prime Minister Datuk Seri Anwar Ibrahim.
Azizi, who is Gua Musang MP, was one of them.
The others were 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).
In August, Barisan Nasional won the Nenggiri by-election after Asmawi Fikri garnered 9,091 votes against Perikatan Nasional's Rizwadi Ismail, who received 5,739 votes.