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2024 MarsdenLR 1424

HIGH COURT MALAYA KUALA LUMPUR
MOHD AZIZI ABU NAIM – Appellant
Versus
TAN SRI DATO HAJI MAHIADDIN MD YASSIN & ORS – Respondent


Petitioner Advocates:Dato' Seri SR Rajan Navaratnam,OOzair Huneid Tyeb,Irdimah Syahira,Ain Zulaikha ,Respondent Advocate: Chetan Jethwani,Tang Jia Yearn

JUDGMENT

Enclosure 6: The Plaintiff's Application For An Interim Injunction Pending The Disposal Of His Suit

Roz Mawar Rozain JC:

The Plaintiff's Objective

[1] He had cited the President of Parti Pribumi Bersatu Malaysia (BERSATU), the Secretary General of BERSATU, the Speaker of the Kelantan State Legislative Assembly (the Speaker), and the Election Commission Malaysia (EC) as Defendants. In essence, vide the OS:

1. The Plaintiff is challenging the declaration of a casual vacancy for the N43 Nenggiri seat.

2. He is seeking declarations that he is still a member of BERSATU and still holds the N43 Nenggiri seat.

3. The Plaintiff requests injunctive relief to prevent the EC from conducting a by-election for the N43 Nenggiri seat.

4. He argues that the anti-hopping law provisions do not apply to his situation, which would otherwise require him to vacate his seat.

[2] While the Plaintiff raises various legal arguments about the validity of BERSATU's constitutional amendments (particularly cls 10.4-10.6, which he contends are ultra vires the Federal Constitution) and the process of his termination from the party (allegedly executed without due process and in violation of natural justice principl


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