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Friday, December 16, 2011

Court orders Balkis to be reinstated

The High Court today ordered that Balkis, the Wives of Selangor State Assemblypersons and Members of Parliament Welfare and Charity Organisation, to be reinstated from the time it was deregistered by the Registrar of Societies (ROS) in February 2009.

zaharah kechik balkis selangorBalkis made the headlines after Selangor Menteri Besar Abdul Khalid Ibrahim alleged that there had been misappropriation of Balkis funds under its previous president, Zaharah Kechik, the wife of former Selangor menteri besar Dr Mohamad Khir Toyo.

Justice Rohana Yusuf made the ruling in chambers after meeting counsel S Selvarajah, who appeared for the applicants, and Senior Federal Counsel Azizah Nawawi who acted for the ROS.

The applicants were the Selangor government, Abdul Khalid’s wife Salbiah Tunut, 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.

They filed the judicial review application against ROS to quash ROS’ decision to deregister Balkis and sought a declaration that the decision was illegal, null and void. They also sought the reinstatement of the organisation.

Selvarajah told reporters that the judge only allowed Salbiah’s application to quash the ROS decision and a mandamus order to compel the ROS to reinstate the organisation on the grounds that she had substantive locus standi to apply for such an order.

“The court held that she (Salbiah) had legitimate expectation to assume office as YDP (president) of Balkis in her capacity of wife of the menteri besar as provided for in the Balkis constitution,” Selvarajah said.

The court rejected the other applicants application as they had no locus standi and were merely donors to the organisation, he said.

Selvarajah also said Justice Rohana held that ROS had not properly verified the documentation before deregistering Balkis.

He said the judge said that the extraordinary general meeting (EGM) held by members of Balkis to dissolve the organisation on March 11, 2008 was invalid as there were serious defects in the meeting agenda because it did not state the meeting was called for the purpose of dissolution.

“This had prejudiced the members who were deprived of information on the purpose of the EGM,” he said.

- Bernama

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