KUALA LUMPUR: Bersatu has filed an application to dismiss the lawsuit initiated by Labuan member of parliament Datuk Dr. Suhaili Abdul Rahman seeking to declare his expulsion from the party as unlawful and invalid.
The application was submitted by Bersatu through Capt (R) Datuk Muhammad Suhaimi Yahya, the defendant, at the Shah Alam High Court via Messrs. Chetan Jethwani & Company on July 31.
The political party is contending that the court lacks jurisdiction to adjudicate the substantive matter raised by Suhaili, 63, as the plaintiff, under Section 18C of the Societies Act 1966.
Bersatu also claims that Suhaili lacks locus standi to initiate the lawsuit as he is no longer a party member.
"The plaintiff's claims are frivolous, vexatious, and constitute an abuse of process intended to achieve a hidden agenda," Bersatu asserted in its application.
Suhaili, who filed the lawsuit on July 1, stated that on Nov 2, 2023, the Bersatu disciplinary board issued a letter notifying him of charges against him for allegedly violating Article 22.1 (f) of the party's constitution.
The letter indicated that a report had been made concerning his public statement supporting Prime Minister Datuk Seri Anwar Ibrahim.
Suhaili said on Nov 3, 2023, he responded to the letter, explaining that his statement was made in response to the party's failure to provide funds to assist the people of Labuan.
He claimed that despite providing a reasonable explanation, on Nov 7, 2023, the disciplinary board unlawfully and irrationally decided to suspend his membership for six years.
Subsequently, Suhaili said he sued the party through Bersatu secretary-general Datuk Seri Hamzah Zainuddin at the Kota Kinabalu High Court on Dec 19, 2023. However, the case was dismissed after the court ruled that it should be filed at the High Court of Malaya.
On May 17, Suhaili claimed he received a letter from the secretary-general informing him of his automatic expulsion for filing a lawsuit against the party, based on Article 10.2.6 of the Bersatu Constitution. -- Bernama