KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim has failed to halt the upcoming by-election for his seat in Kelantan.
This is after the High Court here dismissed the politician's interim injunction today.
Bersatu lawyer Chetan Jethwani said judicial commissioner Roz Mawar Rozain made the ruling after hearing lengthy submissions from all parties in her chambers.
He said the court made the decision on grounds that there was no irreparable harm since Azizi could participate in the by-election.
Following the decision, the Election Commission (SPR) can proceed with its special meeting for the Nenggiri by-election tomorrow to discuss the implementation of the election.
Azizi filed the originating summons at the High Court here on Monday by naming Bersatu president Tan Sri Muhyiddin Yassin, secretary-general Datuk Seri Hamzah Zainuddin and Kelantan Assembly Speaker Datuk Seri Mohd Amar Abdullah as defendants.
In the originating summons, Azizi sought a declaration that the by-election for the Nenggiri state seat cannot be conducted by the EC because he still holds the seat.
The plaintiff had sought a court declaration that his dismissal from his position and membership in Bersatu through a notice dated June 12 was an unlawful dismissal.
He had also sought a court declaration that the notification letter from Amar to the EC stating that the Nenggiri seat was vacant be suspended.
On June 19, Amar had declared the seat vacant after Azizi's termination from membership in Bersatu, an official notice of which was relayed to him on June 13.
Following the revocation of Azizi's membership, Amar said the state assembly decided to vacate the seat effective June 19 in accordance with Phase Three of Article 31(A) of the state constitution.
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.
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 also 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).