“Upon review of the originating summons, this court finds that the challenge of the plaintiff (Azizi) raises arguable legal and factual issues,” Justice Roz Mawar Rozain said.

She also set April 28 to hear the case.

However, she allowed an application by Bersatu president Muhyiddin Yassin, its deputy president Hamzah Zainudin, and Kelantan state assembly speaker Amar Abdullah to strike out Azizi’s bid to annul the by-election for the Nenggiri state seat held in August last year.

Roz Mawar said the High Court was not the right forum to hear such an application and that Azizi should have filed his case via an election petition.

Azizi, the Gua Musang MP, is one of six Bersatu MPs who pledged support for Prime Minister Anwar Ibrahim.

He was allowed to retain his parliamentary seat after Dewan Rakyat speaker Johari Abdul rejected a request by Bersatu to have that seat vacated.

In his suit, filed in June last year, Azizi contended that an amendment to Clause 10 of Bersatu’s constitution was unconstitutional and should be struck down by the court.

The clause stipulates that a party member’s membership will cease if he supports a political rival.