KUALA LUMPUR – Former Nenggiri assemblyman Mohd Azizi Abu Naim today failed for the second time to stop the Election Commission (EC) from conducting the by-election for the state seat this Saturday.
This was after High Court Judicial Commissioner Roz Mawar Rozain dismissed Azizi’s application for an interim injunction to halt the by-election pending disposal of his originating summons filed against Bersatu president Tan Sri Muhyiddin Yassin, the party’s secretary-general Datuk Seri Hamzah Zainuddin, Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah and the EC as the first to fourth defendants.
“The application raises complex constitutional issues that are more appropriately addressed in the main suit. The balance of convenience clearly holds the role of allowing the democratic process to proceed unimpeded. Considering all these factors, the court is compelled to dismiss this application for an interim injunction,” she said.
On June 27, the same court rejected Azizi’s ad interim injunction after finding that he did not suffer from any irreparable harm as he could still participate in the by-election.
In the originating summons, Azizi sought a declaration that the by-election for the Nenggiri state seat in Kelantan could not be held or conducted by the EC (the fourth defendant) as the seat is still held by the plaintiff. – August 12, 2024