Nothing can be done to stop Nenggiri polls, court told

 

Former assemblyman Azizi Abu Naim is seeking an injunction to stop the Nenggiri by-election.

KUALA LUMPUR: 

The High Court was today told that nothing can be done by former Nenggiri assemblyman Azizi Abu Naim to stop the by-election set for Aug 17.

Senior federal counsel Ahmad Hanir Hambaly, appearing for the Election Commission (EC), said the by-election officially began after nominations were closed last Saturday.

He added that 43 postal votes had also been issued to those who would be on duty on voting day.

That is more reason for this court not to injunct EC from conducting its constitutional duty,

 Hanir said.

Azizi is seeking an injunction to stop the by-election. It is part of a suit he filed in June to challenge his purported sacking by Bersatu, as well as the vacancy of the Nenggiri state seat.

Bersatu said Azizi’s membership ceased after he failed to declare his loyalty to the party and because of his continued support for Prime Minister Anwar Ibrahim’s administration.

Azizi, who is also the Gua Musang MP, is one of six Bersatu MPs who pledged support for Anwar last year.

In his suit, Azizi contended that an amendment to Clause 10 of Bersatu’s constitution, which stipulates that one’s membership will cease if he supports a political rival, is unconstitutional.

He wants the court to strike down the amendment on the grounds that it violates the Federal Constitution.

Azizi also wants the court to declare the notice issued by the Kelantan state assembly advising the EC of the vacancy as null and void.

He said he was not given the right to defend himself before the seat was vacated.

He named Bersatu president Muhyiddin Yassin, party secretary-general Hamzah Zainudin, Kelantan speaker Amar Abdullah and the EC as defendants.

Previously, Azizi’s interim bid to halt the Nenggiri by-election was dismissed by the court. The EC then proceeded to announce Aug 17 as the voting date.

Meanwhile, lawyer Awang Armadajaya Awang Mahmud, appearing for Amar, said Azizi’s injunction should be dismissed as it 

serves no useful purpose

 now.

He said Amar’s role had become functus officio (having performed his or her duty) after the latter notified EC of a casual vacancy for Nenggiri. He also insisted that the injunction application was an academic exercise.

Judicial Commissioner Roz Mawar Rozain fixed Aug 12 to decide on Azizi’s injunction bid.

The Nenggiri by-election will see a straight fight between Barisan Nasional’s Azmawi Fikri Abdul Ghani and Bersatu’s Rizwadi Ismail, representing Perikatan Nasional. Rizwadi recently joined Bersatu from PAS.

According to the electoral roll, as of June 18, there are 20,259 eligible voters in Nenggiri, comprising 20,245 ordinary voters and 14 police officers. There will be no early voting.

BN won the Nenggiri seat for four consecutive elections since 2004 before losing it to PN in last year’s state election when Azizi defeated Umno’s Ab Aziz Yussof with a majority of 810 votes. - FMT