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Friday, May 20, 2016

Anina takes Umno membership dispute to apex court

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Former Langkawi Umno member Anina Saadudin has brought her expulsion from the Malay nationalist party to the highest court in the country.
Her lawyer Mohamad Hanif Khatri Abdulla said the application for leave to appeal was filed at the Federal Court yesterday.
It was previously reported that Anina was expelled from the party after filing a suit against the party president and prime minister, Najib Abdul Razak, wanting him to return the RM2.6 billion donation to the party.
Umno secretary-general Tengku Adnan Tengku Mansor had sent letters dated Sept 1 and 2 to Anina stating that she was no longer a party member as a result of her court action.
Subsequently, Anina filed the suit against Tengku Adnan (photo) and organising secretary, Abdul Rauf Yusoh, to challenge the purported expulsion.
At the High Court, then judicial commissioner S Nantha Balan said the court does not have the jurisdiction to hear Anina's application to challenge her expulsion.
"The court is bound by previous decisions in that any party member who filed a court action ceases to be a party member. Section 18C of the Societies Act 1966 does not allow the matter to be adjudicated," Nantha Balan had ruled.
Last month, Anina failed in her appeal at the Court of Appeal after the three-member bench led by Justice David Wong Dak Wah ruled that it was bound by the decision made in the MyPPP president M Kayveas case.
Section 18C of the Registrar of Societies Act states that whatever decision that is made by a particular political party, whether right or wrong, is not subject to review by the court and whatever disputes that arise must be resolved outside court.
“The decision of a political party shall be final and conclusive and such a decision shouldn't be challenged,” Justice Wong had said in a unanimous decision.
The judge, however, suggested that a challenge can be mounted on the constitutionality of Section 18C and Anina could make a fresh application in court. -Mkini

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