KUALA LUMPUR: Former Nenggiri assemblyman Mohd Azizi Abu Naim failed to halt the by-election for the state seat.
This is after the High Court today dismissed a legal bid by Azizi Abu Naim to halt the electoral process.
Judicial Commissioner Roz Mawar Rozain dismissed Azizi's interim injunction against the Election Commission (EC) on grounds that Azizi failed to satisfy the requirements for granting an interlocutory injunction.
An interlocutory injunction is a temporary court order that halts specific actions by a party during a lawsuit, preserving the situation or preventing harm until a final ruling is reached.
The court said an interim injunction that might delay or hinder a public interest project should not be granted, particularly when the full trial is expected to take a long time.
"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.
Roz Mawar said the electoral process for selecting representatives in a democratic nation is of utmost importance.
"Considering the overwhelming constitutional and public interest factors, the court dismisses the applications, allowing the EC to proceed with its duties without judicial interference at this stage of the proceedings," she added.
Azizi filed originating summons at the High Court here on Monday by naming Bersatu president Tan Sri Muhyiddin Yassin, secretary-general Datuk Seri Hamzah Zainudin 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).