Syed Ahmad Idid J:

The Court has listened to both defendants on their application for an order "to stay or dismiss the plaintiff's action" under O. 18 r. 19 of the Rules of the High 1980.

Under the Rules, the Court may order that the pleadings be struck out or amended on the grounds listed from (a) to (d) in O. 18, r. 19(1).

The plaintiff's originating summons claims against the defendants -

(A) a declaration that Article 18(2)(e) of the Constitution of the State of Sabah is invalid, null and void and is of no force and effect in that it is contrary to and ultra vires Articles 8(1) and 10(1)(a),(b) and (c) of the Federal Constitution.

Article 8(1): All persons are equal before the law and entitled to the equal protection of the law.

Article 10(1):

(a) Every citizen has the right to freedom of speech and expression and all citizens have the right, (b) to assemble peaceably and without arms and (c) to form associations.

(B) The plaintiff also asks for a declaration that Article 18(2)(e) is invalid, null and void and is of no force or effect on grounds that it is vague, uncertain, too wide and that it gives the State Legislative Assembly

(i) arbitrary power to expel members