KUALA LUMPUR: The High Court here set Aug 7 to deliver its decision on the bid by Prime Minister Muhyiddin Yassin and three others to annul the lawsuit against them by Dr Mahathir Mohamad and others who are challenging their termination from PPBM.
Muhyiddin’s lawyer Rosli Dahlan told reporters this after a hearing before High Court judge Rohani Ismail in chambers.
“The gist of our argument was that there was no termination by the party on Tun Mahathir and the rest. Under Article 10.2.6 of the PPBM constitution, they ceased to be members when they filed this action in court,” he said, referring to the provision in the party constitution that said members could no longer be in PPBM if they filed an action in court.
Rosli, who is also appearing for the party’s secretary-general Hamzah Zainudin and executive secretary Muhammad Suhaimi Yahya, added that their arguments focused on Section 18C of the Societies Act.
Section 18C states that any decision of a political party is final and cannot be challenged in the courts.
“Section 18C was passed in the Dewan Rakyat by none other than Tun. And now he is saying this provision is not applicable to the very man who passed the law,” Rosli said.
He said the defence contended that this lawsuit was wrong as Mahathir and the others had named PPBM as a party in the civil action.
“You cannot name a society or organisation in an action and this is clearly mentioned in Section 9C of the Societies Act. A society or organisation can only sue or be sued through office bearers,” he added.
Muhyiddin and the other PPBM officials are seeking to strike out the lawsuit on grounds that it is frivolous, vexatious and an abuse of the court process.
Meanwhile, lawyer Haniff Khatri Abdullah told reporters that Muar MP Syed Saddiq Syed Abdul Rahman had withdrawn his suit against Muhyiddin, Hamzah, Suhaimi and the Registrar of Societies (RoS).
“He is no longer a party in this proceeding and it will not have an effect on the reliefs that the other five individuals are seeking,” he said, referring to Mahathir, his son Mukhriz, Maszlee Malik, Amiruddin Hamzah and Marzuki Yahya.
In their statement of claim, Mahathir, Mukhriz, Maszlee, Amiruddin and Marzuki said the decision to terminate their memberships was invalid as Suhaimi 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 stated that members who joined another political party or resigned from PPBM would have their memberships revoked.
The five are seeking the reinstatement of their memberships as well as the nullification of the memberships of Muhyiddin, Suhaimi and Hamzah on grounds that they had joined Perikatan Nasional.
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