Dr Mahathir Mohamad and five others today took prime minister and Bersatu president Muhyiddin Yassin and three others to court over what they claimed was their wrongful termination from the party.
In their 61-page statement of claim sighted by Malaysiakini, they claimed that Muhyiddin together with Home Minister and Bersatu secretary-general Hamzah Zainuddin and Registrar of Societies (ROS) director-general Masyati Abang Ibrahim had conspired to wrest power in Bersatu via dishonest means.
"We are disputing this wrongful, invalid and malicious act as well as the conspiracy to commit fraud and the unlawful wrest of Bersatu and its leadership by Muhyiddin," said the six.
They said that Muhyiddin issued a statement on Feb 28 claiming that he was the party's acting chairperson even after Mahathir had withdrawn his resignation letter as party chairperson the day before.
"We are pleading that this was the beginning of his abuse of power by holding the acting chairperson's post to commit fraud. By this, he had restructured (Bersatu's leadership) illegally," they said.
Mahathir and the five want the court to declare they were still legitimate Bersatu members holding their original positions in the party.
They also want the court to revoke the memberships of Muhyiddin together with Bersatu leaders who hold the position of ministers and deputy ministers or GLC heads.
The lawsuit was e-filed at the Kuala Lumpur High Court late this afternoon by lawyer Haniff Khatri Abdulla (below).
The five other plaintiffs are former Bersdatu deputy president Mukhriz Mahathir, former Bersatu Youth chief Syed Saddiq Syed Abdul Rahman, former supreme council members Maszlee Malik, Amiruddin Hamzah and former secretary-general Marzuki Yahya.
Besides Muhyiddin, Hamzah and Masyati, Bersatu organising secretary Muhammad Suhaimi Yahya was also named as a defendant.
On May 28, Mahathir and four of the defendants had their memberships "nullified" for sitting on the opposition bench during the Dewan Rakyat sitting on May 18.
On June 4, the Bersatu supreme council affirmed the "immediate termination" Mahathir and the four as well as the decision for Bersatu to leave the Pakatan Harapan coalition to form the new Bersatu-led Perikatan Nasional government.
Previously, the Registrar of Society (ROS) had confirmed that Mahathir had stepped down as Bersatu chairperson in February.
In their statement of claim, the six claimed there was a conflict of interest as the ROS was parked under the Home Ministry which was helmed by Hamzah himself.
"As such, the ROS director-general is the party that used, helped, colluded or conspired with the defendants in committing the fraud or the illegal wresting of power," they added.
The six also denied that they had taken to the opposition bench for May 18 parliamentary sitting.
"There were two factions in Bersatu that were led by Mahathir and Muhyiddin, the latter who is also the Perikatan Nasional (PN) president.
"Mahathir is not part of the PN government and disassociated themselves (from Muhyiddin's faction). Despite this, Mahathir was not part of the opposition together with Pakatan Harapan too," said the statement of claim.
As such, they said Muhyiddin could not use this reason to nullify their memberships.
They also said Bersatu's cooperation with PN parties and the formation of the PN government could only be decided by the party via an annual general assembly, which is the highest authority in the party.
The group is seeking damages from Muhyiddin and the other defendants.
Bersatu's party constitution states that members cannot bring party matters and disputes to court.
However, Mahathir and the five plaintiffs said that the party constitution was not triggered as they are not considered as members following their termination. - Mkini
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