May 31 hearing on Pejuang's bid to challenge no action by minister, ROS

 

The High Court in Kuala Lumpur will hear on May 31 an application by Parti Pejuang Tanahair (Pejuang) to challenge the action of the home minister and the Registrar of Societies (ROS) for having yet to decide on its appeal to register the party.

Judge Ahmad Kamal Md Shahid, who set the date during case management today in the presence of counsel Muhammad Rafique Rashid Ali, representing Pejuang, and senior federal counsel Nik Isfahanie Tasnim Wan Ab Rahman, representing home minister and ROS, said the court should hear the case immediately as it was of public interest.

The court ordered the respondents (home minister and ROS) to file an affidavit in reply before or on May 3 while the applicant (Pejuang) must file its affidavit-in-reply before or on May 10.

“Both parties must also file their written submissions before or on May 27," he said.

On April 1, Pejuang obtained leave from the High Court to challenge the action of the home minister and the ROS for having yet to decide on its appeal to register the party after the Attorney-General's Chambers (AGC) did not object to the party’s application.

Pejuang, through its secretary-general Amiruddin Hamzah, filed the leave application on March 1, naming the home minister and ROS as the first and second respondent, respectively.

In the application, Amiruddin is seeking a declaration that the first respondent’s failure to decide on the party’s appeal, made via a letter dated Jan 8, against the second respondent’s decision that rejected its application to be registered, have violated its statutory obligations under Section 18 of the Societies Act 1966.

The application also seeks a declaration that the violation of the first respondent’s statutory obligation to decide on the party’s appeal was unreasonable, malicious and an improper attempt to deny the applicant’s constitutional right to freedom of association and contest in the general election using its own logo.

On Feb 2, Pejuang, which was founded by former prime minister Dr Mahathir Mohamad, submitted an appeal after its application to register as a political party was rejected.

Home Minister Hamzah Zainudin said the application was rejected on Jan 6 based on the provisions stipulated under Section 7(3)(e) of the Societies Act 1966 and they can file an appeal to the home minister within the next 30 days.

- Bernama