Muhyiddin’s lawyer has described the legal challenge was “vexatious, frivolous, scandalous, and an abuse of the court process”.
Prime Minister and Bersatu president Tan Sri Muhyiddin Yassin and three others have filed an application to strike out a legal challenge filed by Tun Dr Mahathir Mohamad and five others against their dismissal from the political party.
Muhyiddin’s counsel Rosli Dahlan said the application was filed on grounds that the legal challenge was “vexatious, frivolous, scandalous, and an abuse of court process”
He said the defence had only received a copy of the suit and the injunction bid yesterday.
“The defendants do not need to file the defence statement pending the hearing of our striking-out application, as well as Dr Mahathir’s application for injunction on July 9,” he told reporters outside the Kuala Lumpur High Court after case mention today.
The prime minister, along with Bersatu secretary-general Datuk Seri Hamzah Zainudin, former Bersatu organising secretary Muhammad Suhaimi Yahya and director-general of the Registry of Societies Masyati Abang Ibrahim, filed their court papers yesterday, said Rosli.
Dr Mahathir resigned as Bersatu chairman on February 24, the same day he stepped down as prime minister, but his resignation as chairman became disputed within Bersatu as rival factions battled for legitimacy.
He was unopposed in nominations for the chairman’s post in party elections, which have been postponed to after June due to the Covid-19 pandemic.
The RoS had backed Muhyiddin’s assertion that Dr Mahathir had given up the party post in February, a claim Dr Mahathir disputes on the basis that his resignation had been rejected by the supreme council.
“You resigned and say I am not with the opposition,” Rosli said.
“But you’ve seen yesterday that PH (Pakatan Harapan) is struggling to decide who will be the prime minister. Is it Anwar (Ibrahim) or is it Mahathir?
“Are you with us Bersatu, or are you not with us, as in being with PH? I think you need to take a clear stand on that,” he said.
He said the Registrar of Societies, represented by senior federal counsel Ahmad Hanir Hambali, would also file an application to strike out the suit.
The lawyer alleged that among the irregularities were that Dr Mahathir and the five others, via conduct and letter, have left the party, among others.
The five others are disputed party deputy president Datuk Seri Mukhriz Mahathir, disputed party Youth chief Syed Saddiq Syed Abdul Rahman, disputed supreme council members Dr Maszlee Malik, Datuk Amiruddin Hamzah, and disputed secretary-general Datuk Marzuki Yahya.
As for today, Rosli said, the court gave no injunction or interim injunction order against them.
The six are seeking the reinstatement of their memberships as well as to nullify the memberships of Muhyiddin, Suhaimi and Hamzah on grounds that they had joined Perikatan Nasional.
“The status quo remains as of today, that they are no longer party members by their own conduct which triggered Articles 10.2.2, 10.2.3 and 10.2.6 of the PPBM (Bersatu) constitution.”