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Friday, March 20, 2015

MIC leaders granted leave to challenge RoS order

Judge sets April 2 to hear submissions from the two sides.
Palanivel_ros_mic_300KUALA LUMPUR: The High Court granted leave for a judicial review to MIC president G. Palanivel and several other party leaders to challenge a decision of the Registrar of Societies (RoS) for the party to hold fresh elections.
Judge Azmabi Mohamad granted the leave in chambers after dismissing a preliminary objection by RoS against two applications for leave for judicial review.
Senior federal counsel Suzana Atan told reporters that the judge set April 2 to hear submissions from the two sides on an application to postpone the implementation of the RoS decision.
Lawyer B. Jadadish Chandra, who represented Palanivel and the other MIC leaders, was also present in chambers.
Two applications for leave for a judicial review had been filed, separately.
The first application was filed on February 23 by MIC central working committee (CWC) member A. K. Ramalingam, 47, who named RoS and its director-general, Mohammad Razin Abdullah, as the respondents.
Ramalingam had applied to nullify the respondents’ order via letters dated December 5, 2014, and February 6, 2015, and to seek a declaration that the order was mala fide and ultra vires.
The second application was filed on February 24 by Palanivel, MIC vice-presidents S. Sothinathan and S. Balakrishnan and former MIC secretary-general A. Prakash Rao, naming the RoS and the minister of home affairs as the first and second respondents, respectively.
In their application, Palanivel, Sothinathan, Balakrishnan and Prakash Rao are seeking, among other things, a declaration that matters associated with the party elections were subject to the party constitution and could not be based on the RoS views.
They are also seeking a declaration that the outcome of the MIC annual general assembly held on November 30, 2013, is valid and enforceable.
The four leaders are also seeking an injunction to prevent the two respondents from taking any action or issuing any directive against the MIC until the judicial review has been disposed of.
– BERNAMA

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