Justice Rohani Ismail had allegedly dismissed the injunction application after ruling that the application was not justified.
Former prime minister Tun Dr Mahathir Mohamad today failed in his bid to remain a member of Parti Pribumi Bersatu Malaysia (Bersatu) after the Kuala Lumpur High Court rejected his application for an interim injunction in a suit challenging the nullification of his membership.
It also similarly dismissed an application by Datuk Seri Mukhriz Mahathir to be recognised as deputy president.
Both men, as well as former youth chief Syed Saddiq Syed Abdul Rahman, former supreme council members Dr Maszlee Malik, Datuk Amiruddin Hamzah and former secretary-general Datuk Marzuki Yahya, filed an interim injunction to prevent the party from altering its constitution during the legal dispute among others.
Lawyer Rosli Dahlan, who is representing prime minister Tan Sri Muhyiddin Yassin and other defendants, said Justice Rohani Ismail dismissed the injunction application after ruling that the application was not justified.
“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),” he told reporters after proceedings.
Matters were originally supposed to be discussed in chambers, but due to social distancing regulations, proceedings were held in open court but behind closed doors; press were not allowed in.
Rohani Ismail set July 9 to hear the applications for the interim injunction orders.
The court will also hear on the same date an application by Bersatu president Tan Sri Muhyiddin Yassin to dismiss the suit against the loss of party membership.
Speaking after proceedings, Haniff Khatri, representing Dr Mahathir and his camp, explained that the ad-interim order was sought to maintain the status quo within the party and for the revocation of their memberships be deemed unlawful until the matter is heard in court.
“So that no damage can be done until the matter can be heard inter parties on July 9.
“After hearing arguments from all parties including from the senior federal counsel, the court decided that the ad-interim order was a no-go.
“So, we are where we were before the filing of the suit, but the hearing of the inter parties has not been disposed of yet,” he explained.
Muhyiddin was represented by Rosli Dahlan.
The six are suing Bersatu and the Registrar of Societies over their loss of membership from the party.
In their statement of claim, filed on June 9, they accused Muhyiddin and secretary-general Datuk Seri Hamzah Zainuddin of conspiring with the RoS to seize power in the party.
The six were sacked on June 4 for supporting Pakatan Harapan.
Other defendants today were represented by Datuk DP Naban, Chetan Jethwani and Leonard D Cruz.