KUALA LUMPUR - Parti Pribumi Bersatu Malaysia (Bersatu) has withdrawn its suit at the High Court here against Dewan Rakyat Speaker Tan Sri Johari Abdul over his refusal to declare vacant the parliamentary seats held by five of its former members of Parliament (MPs).
The political party’s lawyer, Chetan Jethwani, informed Judge Mahazan Mat Taib that Bersatu had no alternative but to withdraw the suit following the Federal Court’s decision on Jan 9 this year, which dismissed its application for leave to appeal in a separate bid to challenge the Speaker’s refusal to declare four Sabah parliamentary seats vacant.
Meanwhile, lawyers Datuk Firoz Hussein Ahmad Jamaluddin and Michael Anthony, representing the five MPs, asked the court to award RM100,000 in costs, saying substantial work had been carried out in the case.
Federal counsel Zulkefli Sulaiman, representing Johari, said the government was not seeking costs in Bersatu’s lawsuit.
The court then ordered Bersatu to pay RM10,000 in costs to the five MPs.
The five MPs named as defendants are Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang) and Datuk Dr Zulkafperi Hanapi (Tanjong Karang).
The lawsuit was filed by Bersatu secretary-general, Datuk Capt (R) Muhammad Suhaimi Yahya, and Bersatu vice-president and Chief Whip, Datuk Seri Dr Ronald Kiandee, at the High Court in 2024.
The plaintiffs are seeking a declaration that Johari, in a letter dated July 9, 2024, acted in violation of Article 49A(3) of the Federal Constitution by erroneously ruling that no unexpected vacancies had occurred for the five parliamentary seats.
The plaintiffs also request a declaration that Johari must comply with the provision by confirming that the unexpected vacancies have occurred and notifying the Election Commission of the same within 21 days of the court order. - BERNAMA