JUDGMENT

Roz Mawar Rozain J:

[1] This judgment pertains to the Defendants' respective applications to strike out the Plaintiffs Originating Summons (OS) under O 18 r 19(1)(a), (b), and (d) of the Rules of 2012 (RoC). The primary issue before this Court is whether the Plaintiff's OS discloses a reasonable cause of action or is frivolous, vexatious, and an abuse of Court process.

[2] The Plaintiff, a former member of Parti Pribumi BERSATU Malaysia (BERSATU) and the elected representative for N.43 Nenggiri, Kelantan, challenges his alleged loss of membership in BERSATU, the declaration of a casual vacancy in his seat, and the by-election conducted by the 4th Defendant.

Issues For Determination

[3] The applications to strike out the OS raise the following key issues:

(a) Whether the Plaintiff has disclosed a reasonable cause of action against the Defendants;

(b) Whether the claim is barred by s 18C of the Societies Act 1966 ;

(c) Whether the Plaintiff has locus standi to challenge his removal from BERSATU and the vacancy of his seat;

(d) Whether the Plaintiff's claim against the Election Commission (4th Defendant) is sustainable;

(e) Whether the reliefs sought by the Plaintiff are academic