PETALING JAYA: Labuan MP Suhaili Abdul Rahman has filed a suit to challenge his expulsion from Bersatu for pledging his support for Prime Minister Anwar Ibrahim’s unity government.
The 63-year-old three-term MP, who filed a writ at the High Court here on July 1 through solicitors Firoz Julian, said he was expelled without being accorded the right to be heard before the disciplinary board.
Suhaili said his expulsion for expressing the support of his constituents in Labuan for the prime minister was contrary to the freedom of speech and association guaranteed under Article 10 of the Federal Constitution.
He said the party’s decision also restricted him from exercising his right as the MP of Labuan to speak up and make decisions for the benefit of his parliamentary constituency.
SPONSORED CONTENT Shell awards Sabah LiveWIRE winners Kota Kinabalu: Shell has awarded five enterprises as the state winners of Shell LiveWIRE Malaysia 2024, following the Sabah state finals held at Plaza Shell in Kota Kinabalu. . Read more Suhaili also claimed the party had, by expelling him, committed an act detrimental to parliamentary democracy under Section 124B of the Penal Code.
He said it also violated Article 5 of the constitution by depriving him of his right to earn a livelihood as Labuan MP.
Suhaili also said Bersatu had contravened its constitution and breached the contract of membership entered between him and the party.
He said the six-year suspension imposed on him by the party effectively meant that he was expelled from Bersatu under Article 49A(2)(c) of the constitution.
The writ named Suhaimi Yahya, the public officer of Bersatu, as defendant.
It seeks several declaratory reliefs as well as damages and other reliefs deemed fit by the court.
Suhaili’s membership was terminated on May 17 after the board issued a letter on Nov 2 last year charging him with a breach of Article 22.1(f) of the party’s constitution.
In his statement of claim, Suhaili said the letter claimed he had tarnished the image of the party by expressing support for Anwar.
Suhaili said he had been under considerable pressure from the people of Labuan, particularly those who were very poor and sick and needed funds from Putrajaya for food, education, healthcare and other essentials.
“The declaration of support for the prime minister was not an act of leaving Bersatu. Instead, it was one with the noble intention of securing funding from the government for the people of Labuan,” he said.
Suhaili said the suspension had resulted in him suffering losses, damage and humiliation.
Yesterday, Bersatu president Muhyiddin Yassin told a press conference that Dewan Rakyat Speaker Johari Abdul had decided not to vacate the seats held by the six MPs, including Suhaili, who recently ceased to be members of the party.
The others are Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Azizi Abu Naim (Gua Musang), Dr Zulkafperi Hanapi (Tanjong Karang), Zahari Kechik (Jeli), and Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar).
Muhyiddin, the Pagoh MP and former prime minister, accused Johari of violating the constitution and said the party would challenge his decision in court.
Article 49A of the constitution states that MPs must vacate their seats if they are no longer members of a political party after having been elected to the Dewan Rakyat as members of the said party.
When contacted, lawyer Firoz Hussein Ahmad Jamaluddin said the cause papers had been served on the defendant.
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