Azmin filed the application through the legal firm of Messrs Zharif Nizamuddin on grounds that the suit did not disclose a reasonable cause of action, and instead it was defamatory, frivolous, vexatious or led to an abuse of the court process as well as was ultra vires the Federal Constitution.
The application was made on the grounds that the suit violated the defendant’s fundamental right to freedom of association as provided under Article 10 Clause (1) (c) of the Federal Constitution.
Nizamuddin Hamid, representing Azmin, said the court ordered his client to file a supporting affidavit before or on March 24.
“The court also set the same date (March 24) for further case management,” he said after the case management conducted through e-review before High Court deputy registrar Maslinda Selamat today.
The 10 registered voters in the Gombak parliamentary constituency had filed the suit on Nov 27 against Azmin for alleged deceit and breach of fiduciary duty through the “Sheraton Move” that caused the Pakatan Harapan government to collapse in February last year.
In their statement of claim, the plaintiffs, aged between 36 and 64, are seeking, among others, a declaration that Azmin, as the Gombak MP, had breached his fiduciary obligations, deceived them during the elections in the constituency as well as breached the representation made to them.
The voters claimed, by breaching these representations, the defendant had violated constitutional rights, especially the principles of parliamentary democracy and representative democracy, which form part of the basic structure of the constitution.
The plaintiffs are applying for a declaration that the defendant has breached his fiduciary duties and the duties owed, in addition to deceiving them, and as such are seeking damages, including aggravated or exemplary damages, interests, costs and other orders deemed fit by the court.
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