KUALA LUMPUR: Prime Minister Muhyiddin Yassin and two others have filed applications to strike out a lawsuit against them by Dr Mahathir Mohamad and five others challenging their termination of membership from PPBM.
Muhyiddin’s lawyer Rosli Dahlan said they were seeking to annul the suit which was they called frivolous, vexatious and an abuse of court process.
He added that the defence had only received a copy of the suit and the injunction bid yesterday.
“The defendants do not need to file the defence statement pending the hearing of our striking-out application, as well as Mahathir’s application for injunction on July 9,” he told reporters outside the High Court after case mention today.
He said the Registrar of Societies, represented by senior federal counsel Ahmad Hanir Hambali, would also file an application to strike out the suit.
As for today, he said, the court gave no injunction or interim injunction order against them.
“The status quo remains as of today, that they are no longer party members by their own conduct which triggered Articles 10.2.2, 10.2.3 and 10.2.6 of the PPBM constitution.”
According to these provisions, he added, members can no longer be part of PPBM if they join other political parties, resign or file action against the party in court.
Lawyer Haniff Khatri Abdullah, representing Mahathir and the five others, said they had sought an ad-interim injunction pending the July hearing date. However, this was rejected by High Court judge Rohani Ismail.
“As this is an urgent application on the injunction, the court allowed the defendants to file their affidavit and submissions,” he added.
In their statement of claim, Mahathir, his son Mukhriz, Syed Saddiq Syed Abdul Rahman, Maszlee Malik, Amiruddin Hamzah and Marzuki Yahya said the decision to terminate their memberships was invalid as working secretary Muhammad Suhaimi Yahya had no power to remove them from PPBM.
They also said Suhaimi’s position was not recognised under the party constitution.
They likewise disputed the use of Articles 10.2.2 and 10.2.3 of the constitution against them, saying these only state that members who join another political party or resign from PPBM will have their memberships revoked.
The six are seeking the reinstatement of their memberships as well as to nullify the memberships of Muhyiddin, Suhaimi and secretary-general Hamzah Zainuddin on grounds that they had joined Perikatan Nasional. - FMT
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