KUALA LUMPUR: Umno will initiate legal action against Rembia state assemblyman, Datuk Muhamad Jailani Khamis, who confirmed his entry into Pas after being suspended from the party.
Umno secretary-general, Datuk Dr Asyraf Wajdi Dusuki said the claim will be filed after Muhamad Jailani was identified as violating the Barisan Nasional (BN) agreement for the 15th Melaka State Election, signed in the presence of a commissioner for oaths and witnesses.
He added that Muhamad Jailani was also found to have violated his sworn statement (SD) which he signed, stipulating that every candidate representing BN must pay RM100 million as stated in Clause 6.2, in case of party-hopping or switching allegiance from supporting BN, Umno, MIC, and MCA, including becoming an independent representative.
Asyraf, when presenting the original copy of the SD, also clarified that every candidate must resign as a member of BN, Umno, and as an assemblyman so that a by-election (PRK) can be held, as stipulated in Clause 6.2.
"This is the original copy of the agreement of BN for the 15th Melaka State Election in 2021, which has been stamped under the Inland Revenue Board (LHDN) and signed in the presence of a commissioner for oaths and witnesses. This is his (Muhamad Jailani's) clearest signature."
"In addition to this agreement, there is also an SD for each candidate...in his own writing (spelling of the name Muhamad Jailani) and signature," he said in a statement posted on Facebook today.
He said this to clarify Muhamad Jailani's statement, allegedly stating that he is not bound by Umno and BN after declaring his membership in Pas recently.
Earlier, Muhamad Jailani, who joined Pas while suspended from Umno, revealed his reasons for doing so after he went silent fro two days.
Confirming his entry into Pas on June 10, 2023, as announced by Pas Secretary-General Datuk Seri Takiyuddin Hassan last Tuesday, Jailani joked that his membership certificate in the party led by Tan Sri Abdul Hadi Awang had yet to be found.
The Rembia assemblyman said the reasons for joining Pas was because of the constitution and principles based on religion and for its consistency in its struggle since years still 'unblemished,' and called it the least crisis-prone party in the country.
On Muhamad Jailani's signed statement (SD), Asyraf said that legally, it has implications considering there was previously a case involving former PKR Vice President Datuk Zuraida Kamaruddin.
"This (SD) has implications because we have already had a previous case decided by the High Court involving Zuraida who jumped from PKR (and) had to repay RM10 million.
"However, in the BN contract, it's not RM10 million, but RM100 million," said the former Umno Youth chief.
Meanwhile, Asyraf said Muhamad Jailani's actions also clearly violated Article 20.8 and Article 20.11 of the Umno Constitution regarding disciplinary actions that can be taken against party members.
"Another thing I want to emphasise, the Umno Constitution clarifies (and) this is what distinguishes Umno from Bersatu or Pas because this constitution was amended before PRU15. Article 20.8 stipulates that any member (of Umno) who becomes a registered member of another political party, his membership will be revoked after confirmation by the Supreme Council.
"Article 20.11.1 also stipulates that a member's membership will be automatically revoked if he has been elected as a Member of Parliament or State Assembly, and subsequently joins a political coalition not affiliated with Umno, or chooses to become an Independent Member of Parliament or State Assembly," he said.