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HIGH COURT MALAYA KUALA LUMPUR
YB MOHD AZIZI ABU NAIM – Appellant
Versus
YB TAN SRI DATO HAJI MAHIADDIN MD YASIN & ORS – Respondent
| Table of Content |
|---|
| 1. whether the plaintiff's os discloses a reasonable cause of action. (Para 1 , 2 , 3) |
| 2. test for striking out an originating summons is well-established. (Para 4 , 5) |
| 3. matters under section 18c of the societies act 1966 and constitutional challenges. (Para 6 , 7 , 8) |
| 4. determining locus standi in political disputes. (Para 9 , 10) |
| 5. election commission's immunity in executing statutory duties. (Para 11 , 12 , 13) |
| 6. claim becomes moot post-election and necessity for electoral legal mechanisms. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 7. plaintiff’s failure to mitigate harm by not contesting the by-election. (Para 20 , 21) |
| 8. final orders of the court regarding the plaintiff's claims. (Para 22) |
[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
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