The Kuala Lumpur High Court has allowed the application by Prime Minister Muhyiddin Yassin and three others to strike out a suit by Dr Mahathir Mohamad and four others.
Mahathir and the other plaintiffs were suing over their alleged wrongful termination from Bersatu.
The other four plaintiffs are disputed party deputy president Mukhriz Mahathir, disputed secretary-general Marzuki Yahya, as well as disputed supreme council members Maszlee Malik and Amiruddin Hamzah.
Justice Rohani Ismail today said that the plaintiffs do not have locus standi to bring forward the suit as their termination from the party was confirmed in a Bersatu supreme council meeting on June 4.
She also held that Section 18C of the Societies Act 1966 states that any party decisions cannot be challenged in court.
Section 18C states that the decision of a political party or any person authorised by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party, shall be final and conclusive, and such decision shall not be challenged, appealed against, reviewed, quashed, or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question, or proceeding on any ground regarding the validity of such a decision.
The judge also ordered the plaintiffs to pay RM10,000 in cost for each application, totalling RM30,000.
Muhyiddin and three others were seeking to strike out the legal challenge against the removal of Mahathir and four others from Bersatu.
The other three are the Home Minister and Bersatu secretary-general Hamzah Zainudin, Bersatu organising secretary Muhammad Suhaimi Yahya, and Registrar of Societies (ROS) director-general Masyati Abang Ibrahim.
Aside from their application to strike out the whole suit, they were also applying to remove Bersatu and Masyati as the listed plaintiff and defendant in the suit, respectively.
There was also another application by Mahathir and the other plaintiffs for an interim injunction to maintain status-quo between parties, pending disposal of the main suit.
Mahathir’s lawyer Haniff Khatri Abdulla said that he would be advising his client that there are grounds to appeal this decision.
“Of course, it will be subject to further verifying with the judgement.
“But whether the appeal will be filed or otherwise will be determined by the plaintiffs upon considerations of the political developments in the nation
“So at this juncture, I will not be able to confirm if and when the notice of appeal will be filed,” he said to reporters after the decision was delivered today. - Mkini
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