PETALING JAYA: The High Court in Seremban has temporarily suspended the decision of the Registrar of Societies (RoS) to deregister the Royal Port Dickson Yacht Club three months ago.
Lawyer Nadeem Muhd Rafiq Thangaraj said judge Azman Abdullah today granted the stay pending the club’s judicial review over the decision by the RoS.
“The club can function pending the final court ruling as the judge has now given the applicant leave to argue the merits of the case,” he told FMT.
Senior federal counsel Royalina Faudzi Joshua, who represented Attorney-General Tommy Thomas, did not object to Azman giving leave to the club.
Nadeem said all court papers would be filed within 14 days and served on the RoS before a hearing date is fixed.
FMT reported yesterday that the club was declared an illegal entity by the RoS after a member lodged a complaint with its Negeri Sembilan branch.
K Ravindran made the complaint after his suspension for alleged misconduct, claiming that the committee had not adhered to the club’s constitution.
Club vice-president Che Jamal Othman Shah, who is the applicant, last month filed the judicial review to re-register the 92-year-old association.
He said the club’s continued closure had affected about 1,800 members, 52 employees and a handful of third-party contractors who had valid and binding contracts with them.
Che Jamal wanted an order of certiorari to revoke the club’s deregistration immediately pending a full hearing.
In his affidavit to support the judicial review, Che Jamal said the deregistration came about following a spontaneous motion to censure committee member Ravindran.
The motion was approved by a majority at the club’s annual general meeting (AGM) on April 15 last year.
Che Jamal said it was brought to the attention of club members that Ravindran had unilaterally written to the club’s disciplinary committee chairman and demanded that all ongoing proceedings against members, including those known to him, be adjourned.
Che Jamal said Ravindran lodged a complaint with the Negeri Sembilan RoS on the basis that the motion to censure him was passed without first complying with Clause 7 (viii) of the club’s constitution.
That clause states that a minimum of 14 days’ notice in writing must be given to the club secretary before such a motion can be tabled at an AGM.
He said on March 19 this year, the club responded to the Negeri Sembilan RoS as to why its registration should not be cancelled but, nevertheless, it was revoked on May 7. - FMT
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.