HIGH COURT MALAYA KUALA LUMPUR
YB MOHD AZIZI ABU NAIM – Appellant
Versus
YB TAN SRI DATO HAJI MAHIADDIN MD YASIN & ORS – Respondent
[1] This judgment pertains to the Defendants' respective applications to strike out the Plaintiff's Originating Summons (OS) under O 18 r 19(1)(a), (b), and (d) of the Rules of Court 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 academ
Bandar Builder Sdn Bhd & Ors v. United Malayan Banking Corporation Bhd
Tony Pua Kiam Wee v. Government Of Malaysia & Another Appeal
Mohamed Ezam Mohd Nor & Ors v. Ketua Polis Negara
Indira Gandhi Mutho v. Pengarah Jabatan Agama Islam Perak & Ors And Other Appeals
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.