In the originating summons filed on Friday, the party also named five of its former members who had pledged their support for Prime Minister Anwar Ibrahim’s government as co-defendants.

The five 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).

Suhaili Abdul Rahman (Labuan), who had also pledged his support for Anwar, was not named as a defendant in the suit.

Bersatu claims in the lawsuit that Johari had violated provisions prohibiting party hopping contained in Article 49A(3) of the Federal Constitution by refusing to declare the five seats vacant.

The party is seeking an order that Johari comply with the provisions by declaring all five seats vacant and notifying the Election Commission so that by-elections can be conducted.

“(The Speaker’s) decision is partisan in nature which violates and is contrary to the express provisions of the Federal Constitution where his duty was to determine whether there were casual vacancies based on the notice given (by Bersatu),” the party said.

It said the Speaker was not empowered to decide on the constitutionality of provisions in the party’s constitution or directives issued by its Supreme Council.

The suit was brought by Bersatu’s public officers, Suhaimi Yahya and Ronald Kiandee, on the party’s behalf.

It has been fixed for case management on Nov 29.

The five MPs were Bersatu members when they contested and won their seats at the 15th general election in November 2022.

The party said that despite being in the opposition, the five MPs shifted their allegiance beginning Oct 12, 2023, and pledged their support for Anwar’s unity government.

“Despite claiming that they are still Bersatu members, their actions (amount to) party hopping. They have manipulated the provisions of the anti-party hopping (laws),” it said.

On May 17 this year, the Supreme Council issued a special directive pursuant to the party’s constitution calling on the five MPs to withdraw their support for Anwar.

However, they refused to do so, the party said.

On June 12, Bersatu issued a notice informing the five that they had ceased to be members of the party.

On June 20, it issued a written notice to the Speaker informing him that a casual vacancy had arisen in respect of their seats.

In a letter dated July 9, Johari informed the party that no casual vacancy had arisen.