Go-ahead for DAP congress

High Court throws out injunction bid to stop CEC re-election

KUALA LUMPUR: DAP can go ahead and hold its special congress tomorrow to re-elect its central executive committee (CEC) members after the High Court threw out Ladang Paroi DAP vice-chairman A. David Dass’ suit to stop it.

Justice Rosnaini Saub said the court had no jurisdiction to interfere in the decision of a political party on any matter relating to its affairs.

The judge said that Parliament enacted Section18 (c) of the Societies

It is not for the court to speculate on the ROS’ decision. — JUSTICE ROSNAINI SAUB

Act 1966 in clear words that a decision of a political party was final and conclusive.

“The decision of the political party in interpretation of the party’s constitution cannot be challenged by the court,” she told a packed courtroom.

At this juncture, DAP supporters started cheering and clapping.

Justice Rosnaini said Dass’ claim that the party may be de-registered if it were to hold a special congress to re-elect CEC members was not for the court to decide.

“It is for the ROS (Registrar of Societies) to decide. It is not for the court to speculate on the ROS’ decision,” she said.

She also ruled that Dass had no sustainable claim and ordered him to pay RM5,000 in costs.

The judge also held that Dass’ application for an injunction to stop the CEC polls for allegedly breaching the party constitution had no basis.

In his lawsuit filed on Sept 10, Dass named DAP secretary-general Lim Guan Eng and the party as defendants.

Dass wanted, among others, an order that DAP give a 10-week notice before holding the national congress and a declaration that the special congress notice dated Sept 4 issued by Lim to be struck out.

Speaking to reporters later, Lim said he was happy with the ruling.