Application by 16 former UMNO members to challenge RoS' decision baseless - counsel
KUALA LUMPUR, April 26 (Bernama) -- The High Court was told today that the application by 16 former UMNO members to challenge the Registrar of Societies' (RoS) decision granting the time extension until April 19, 2019 for the party to hold its election was frivolous and baseless.
The matter was raised by senior federal counsel Shamsul Bolhassan when submitting a preliminary objection via the Attorney-General's Chambers on a judicial review application filed by the 16 individuals as applicants in chambers before judge Datuk Wira Kamaludin Md Said.
Shamsul, who represented RoS in his submission, said according to Section 18C of the 1966 Societies Act, the decision of a political party or any matter relating to party affairs was final and could not be reviewed, challenged, appealed, quashed or called into question in any court.
He said the court had no jurisdiction to hear and determine any suit, application, question or proceeding on the grounds to challenge the validity of the decision.
Counsel Mohamed Haniff Khatri Abdulla, representing the 16 applicants said that based on the previous Federal Court decision, any provision of the law prohibiting any action from being taken to court, by itself was illegal and violated the Federal Constitution.
He said the court fixed tomorrow for a decision on the preliminary objection of the Attorney-General's Chambers, as well as the judicial review application.
On April 20, the 16 applicants filed a judicial review application by naming RoS and Datuk Ab Rauf Yusoh, in his capacity as UMNO's civil servant, as the first and second respondents.
The 16 applicants are Salihudin Ahmad Khalid, Noorhalimi Yahya, Mariam Mohd Ishak, Mohd Hafami Hanif, Saharudin Tukiman, Azaid Jani, Normalawati Hassan, Radiana Abd Manaf, Mohd Rafeek Rahim, Nurul Hanna Mohd Suhot, Kamarul Abd Wahid, Mohd Hikamal Md Hassim, Muzamzamir Abd Wahab, Norizam Jamaludin, Rohani Ahmad and Muhamad Hafizi Hashim.
In the application, they demanded a certiorari order to quash the RoS' decision, twice granting the extension of time, exceeding the maximum period for the UMNO election as announced by RoS through a media statement dated March 5, 2018.
Meanwhile, counsel Datuk Mohd Hafarizam Harun, representing UMNO, said all the applicants had no locus standi to file the application as the High Court had previously ruled that the membership of a member was automatically void if a case involving the party was brought to court.
"UMNO candidates in the 14th General Election also need not worry if the court grants permission to initiate the judicial review proceeding and declares UMNO as an illegal party as they are contesting on Barisan Nasional (BN) ticket and the letter of electoral candidacy was signed by the BN chairman," he said.
-- BERNAMA
