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Johari: Law allows Bersatu to file summons, leaves case to court

KUALA LUMPUR: Dewan Rakyat Speaker Tan Sri Johari Abdul has affirmed the legal validity of Bersatu's decision to file an originating summons in the High Court, seeking a declaration on its stance regarding the expulsion of five MPs.

He said that he would leave the matter to the courts, adding that the law allowed such action.

"The law permits their action, so we will leave it to the court," he said.

His comments follow Bersatu's filing of the summons on Nov 15 by executive secretary Datuk Capt (Rtd) Muhammad Suhaimi Yahya and vice-president Datuk Seri Dr Ronald Kiandee, through the law firm Chetan Jethwani & Company.

The summons names Johari along with five MPs — Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Datuk Dr Zulkafperi Hanafi (Tanjong Karang) — as defendants.

Bersatu seeks a court declaration that Johari violated Article 49A(3) of the Federal Constitution by mistakenly deciding, in a July 9 letter, that no casual vacancy existed in the five parliamentary seats.

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