Felda settlers challenge Isa Samad's appointment

The legitimacy of Federal Land Development Authority (Felda) chairperson Isa Samad’s controversial appointment as board member and head of Felda Settlers’ Cooperative Bhd (KPF) is facing a legal challenge.

Four Felda Jengka settlers on Friday filed a judicial review at the Kuala Lumpur High Court challenging the Malaysia Cooperative Societies Commission (MCCC) decision in allowing Isa to remain in KPF although MCCC had  acknowledge that Isa’s appointment is illegal.

The settlers Abdul Talib Ali, Abdul Mubin Abdul Rahman, Abdul Razak Mohammad and Muhamad Nor Atan named MCCC’s dispute panel, MCCC and KPF as respondents in the application filed through the law firm Mohamed Hanipa & Associates.

They are seeking a declaration that the decision by the panel and MCCC on May 23, which maintains Isa's (left) appointment remains intact despite the irregularities surrounding his appointment, be declared void.

The settlers also want an interim stay on Isa's appointment and membership in the KPF,  until a decision in the judicial review application is arrived at.

The four are also seeking a certiorari order to cancel the May 23 decision and a mandamus to compel KPF to cancel Isa's appointment. They are seeking general, aggravated and exemplary damages of their action.

On May 23, the panel and MCCC found KPF had violated its bylaw in approving Isa Samad membership application, but curiously ruled that the latter’s membership could not be revoked because no such bylaw provided for it.

Chairing the panel was Kamarulzaman Mohamad Buhari, with Muriddan Elias and Zainab Othman.

Lawyer Ahmad Nizam Ramli had described the panel's decision as “nonsensical”.

PKR secretary-general Saifuddin Nasution (right) first raised the issuethat the KPF board of directors had accepted Isa into the board against the rules and regulations governing cooperatives.

Later it was further revealed that Domestic Trade, Co-operatives and Consumer Affairs Minister Ismail Sabri Yaakob had backed Isa's appointment.

Gov’t raises objection

The bylaws state that for Isa to be eligible as a KPF board member, he must either be a Felda settler or a settler's family member, and must have been the cooperative member for at least two years.

The leave application today came up before KL High Court judge Abang Iskandar Abang Hashim.

During the proceedings, senior federal counsel Shamsul Bolhassan raised a preliminary objection in the application, saying that this was a private dispute and does not involve public law, hence the application should be dismissed.

Abang Iskandar fixed tomorrow to hear submissions on the preliminary objection brought by the respondents.

Backing the quartet’s legal challenge is PAS-led NGO Anak, comprising Felda settlers’ descendants.