16 ex-Umno members fail to challenge party’s legality

KUALA LUMPUR: The High Court here yesterday dismissed the bid by 16 former Umno members to challenge the legality of the party.

The group in their application for leave for judicial review on April 20, alleged that Umno had violated their own constitution by failing to hold its party election within the prescribed time.

Justice Datuk Wira Kamaludin Md Said made the ruling after allowing a preliminary objection raised by senior federal counsel (SFC) Shamsul Bolhassan represented the Registrar of Societies (RoS). Also named as a respondent was Umno executive secretary Datuk Ab Rauf Yusoh, in his capacity as the party’s public officer.

The judge concurred with SFC that the court had no jurisdiction under Section 18C of the Societies Act 1966 to hear matters involving disputes between political party members.

He said effect must be given to the intention of Parliament in legislating Section 18C of the Societies Act 1966, and the words clearly showed that Parliament intended to exclude the jurisdiction of the court.

Kamaludin said effect must be given to the intention of Parliament in legislating Section 18C of the Societies Act 1966, that the words clearly showed Parliament intended to exclude the jurisdiction of the court.

“According to Section 18C of this act, the decision of a political party or any person authorised by its constitution or rules or regulations made there under on the interpretation of its constitution, rules or regulations or any matter relating to the affairs of the party shall be final and conclusive.

“…and such decision shall not be challenged, appealed against, review, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision,” he said.

He dismissed the application with no order as to cost.

The 16 were 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.

They had sought a certiorari order to quash RoS’ decision as announced through a media statement dated March 5, 2018, to grant Umno an extension for its party election till April 19, 2019, which exceeded the maximum period.

The applicants had further sought a mandamus to compel RoS to provisionally dissolve Umno and for RoS to suspend all Umno activities pending disposal of the judicial review.

They also wanted a declaration that Umno was illegal effective April 20, this year.

Counsel Mohamed Haniff Khatri Abdulla who represented the applicants told reporters when met that he would file an appeal against today’s outcome as soon as possible. - Bernama