PUTRAJAYA, April 18 – The Court of Appeal here today upheld a high court decision re-instating Balkis, which was deregistered by the Registrar of Societies (ROS) in 2009.
A three-member panel led by Justice Datuk Balia Yusof Wahi dismissed the ROS’ cross-appeal against the decision in allowing the judicial review application by Puan Sri Salbiah Tunut, the wife of Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim, for a court order to quash the ROS decision to deregister the organisation.
Meanwhile, the panel, also comprising Justices Datuk Lim Yee Lan and Datuk Hamid Sultan Abu Backer, allowed the appeal brought by nine others whose judicial review application was rejected by the high court.
The nine are the Selangor government, Permodalan Negeri Selangor Berhad, Kumpulan Darul Ehsan Berhad, Selangor State Development Corporation, Worldwide Holdings Berhad, Selangor Industrial Corporation Sdn Bhd, Selaman Sdn Bhd, PKNS Infra Berhad and PKNS Engineering & Construction Bhd.
On Dec 16, 2011, the High Court in Kuala Lumpur ordered that Balkis, the welfare association of wives of Selangor elected representatives, be re-instated from the time it was deregistered by ROS on Feb 11, 2009.
The court had only allowed Salbiah’s application and rejected the application of the other nine applicants, ruling that they did not have the locus standi (legal standing) to apply for such order as they were merely donors to the organisation.
The then high court judge, Datuk Rohana Yusuf (now Court of Appeal judge), had held that Salbiah had the locus standi to apply for such order and granted her a certiorari order to quash the ROS’ decision to deregister Balkis as well as a mandamus order to compel the ROS to re-instate the organisation.
Justice Balia, in allowing the appeal by the nine, accorded them the locus standi to apply for similar court orders.
The panel did not make any order on costs.
Salbiah and the other nine applicants, who were represented by counsel S. Selvarajah and R. Ramanathan, had filed for leave to initiate a judicial review application, naming the ROS as respondent, to quash its Feb 11, 2009, decision to deregister Balkis.
They had sought a declaration that the ROS’ decision was illegal, null and void and wanted reinstatement of the organisation.
They contended that the de-registration of Balkis was done in breach of the provisions of the organisation’s constitution and the Societies Act 1966.
On Sept 11, 2009, they were granted leave to file a judicial review application.
Balkis made headlines after Abdul Khalid alleged that there had been misappropriation of Balkis’ funds under its previous president, Datin Seri Zaharah Kechik, the wife of former Selangor menteri besar Datuk Seri Dr Mohamad Khir Toyo.
Senior federal counsel Effandi Nazila Abdullah represented the ROS. – Bernama
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.