Court throws out suit filed by 16 expelled Umno members

KUALA LUMPUR: The 16 expelled Umno members failed to get leave from a High Court to quash the Registrar of Societies’ (RoS) decision to allow Umno to extend its party elections until April 2019.

Justice Kamaludin Md Said threw out the case after allowing a preliminary objection raised by the Attorney-General’s Chambers. The objection hinged on Section 18C of the Societies Act 1966 (Act 355), which excludes the jurisdiction of the courts in a matter involving disputes between members of a political party.

Justice Kamaludin said the decision of a political party or any person authorised by it, or by its constitution or rules or regulations made, shall be final and conclusive, and such decision shall not be challenged.

He said he had considered both the Federal Court cases of S. Indira Gandhi and Semenyih Jaya Sdn Bhd, relied on by the group’s counsel Mohammed Haniff Khatri Abdulla, and found that these cases could be distinguished from the current case before him.

Justice Kamaludin said the cases cited were not dealing with decisions of a political party on any matter relating to the affairs of the party within Section 18 of the Societies Act 1966 (Act 355).

He said having heard submissions from both parties the issue here was whether Section 18C was within the jurisdiction of this court.

“In conclusion, I agree with the senior federal counsel’s submission that Section 18C of the Act applies and it excludes the jurisdiction of the courts in a matter which involves disputes between members of a political party.

“For that reasons set out, the applicants’ leave application is dismissed with no order as to costs,” he said in his written judgment.

Mohammed Haniff said a notice of appeal will be filed soon.

In their application, the 16 who are formerly from 11 Umno branches in six states, named the RoS and Datuk Ab Rauf Yusoh, who is being sued in his capacity as Umno’s public officer, as respondents.