KUALA LUMPUR June 18 — Tun Dr Mahathir Mohamad, his son Datuk Seri Mukhriz and four others failed in their bid to maintain their status quo as members of Parti Pribumi Bersatu Malaysia (Bersatu) after the High Court here today dismissed their application for an ad-interim injunction.
The other four plaintiffs are Syed Saddiq Syed Abdul Rahman, Dr Maszlee Malik, Datuk Amiruddin Hamzah and Datuk Marzuki Yahya.
Justice Datin Rohani Ismail rejected their ad-interim injunction application for the preservation of their membership pending the inter partes injunction hearing on July 9 in relation to their suit against Prime Minister Tan Sri Muhyiddin Yassin, Registrar of Societies (RoS) and two others.
On June 9, Dr Mahathir, Mukhriz, Syed Saddiq, Dr Maszlee, Amiruddin and Marzuki, as well as the party itself, filed the suit against Muhyiddin, who is Bersatu president and acting chairman; party secretary-general Datuk Seri Hamzah Zainudin; party executive secretary Capt (Rtd) Muhammad Suhaimi Yahya; and the Registrar of Societies (RoS) director-general Masyati Abang Ibrahim as the first to fourth defendants over the nullification of their membership in Bersatu last month.
Muhyiddin’s counsel Rosli Dahlan told reporters that all the six plaintiffs who claimed that they are still members of the party did not manage to get the ad-interim injunction that they sought.
“The court, after looking at all the authorities on a summary fashion, decided that the balance of convenience and the balance of principles of law does not justify that (ad interim injunction).
“So, our (current) position is that they are no longer members of the party by their own conduct, not by us or by Bersatu terminating them,” he told reporters after proceedings in chambers.
The lawyer also said that his client with three others had filed an application to strike the suit filed against them and the court would hear the matter also on July 9.
He explained that the striking out application, among others, deals with the legal position that Bersatu could not be named as a plaintiff in the suit as it was wrong.
“You cannot have an organisation as a plaintiff, instead it has to be a defendant because you are saying that the organisation was part of the wrongdoings,” he said adding that the application was filed yesterday.
Rosli further said the defendants are also seeking to strike out the whole action as it was a bad action, frivolous, vexatious, scandalous and an abuse of the court process, and that Dr Mahathir and the other plaintiffs had no locus standi to file the legal action.
Meanwhile, Dr Mahathir’s lawyer Mohamed Haniff Khatri Abdulla told reporters that today was fixed for the hearing of their applications for various interim orders.
“Unfortunately because of the urgency of the matter it was filed last week, the defendants needed time to file their affidavits and submissions,” he said.
Mohamed Haniff said they sought an interim order that the status quo of the plaintiffs in the party from today onwards to be preserved so that there was no damage done until matters could be heard on July 9.
In the statement of claim, Dr Mahathir, the first plaintiff, is seeking a declaration that he is a valid member and the chairman of Bersatu and he is now the chairman who had won the post unopposed in Bersatu’s upcoming maiden election.
Mukhriz is seeking a declaration that he is a valid member and Bersatu deputy president, and is a valid contestant for Bersatu’s maiden election.
Syed Saddiq is seeking a declaration that he is a valid member and Bersatu Armada chief, while Maszlee and Amiruddin are seeking declarations that they are valid party members and Marzuki is seeking a declaration that he is the valid Bersatu secretary-general.
The plaintiffs are also seeking a declaration that the letter stating the nullification of their memberships dated May 28, 2020, and signed by third defendant Muhammad Suhaimi and the confirmation of the matter at a party supreme council meeting on June 4 are invalid and void.
The plaintiffs, among others, are seeking a declaration that Muhyiddin forfeited his membership in Bersatu effective Feb 28, 2020, and/or Feb 29, 2020, in accordance with Clause 10.2.3 of the party constitution, and similar in the case of Hamzah and Muhammad Suhaimi.
They are seeking a declaration that Section 18C of the Societies Act 1966 is not applicable to prevent disposal of the dispute by the court and that Clause 10.2.6 of the Bersatu constitution does not apply in the case of forfeiting/terminating the membership of all the plaintiffs.
The plaintiffs are also seeking a mandatory injunction to be issued to RoS for the purpose of registering and/or correcting and/or rectifying all the party documents and seeking general damages, benefits and costs and other relief that the court deems fit.