5-member apex court bench to hear if Umno delayed its election

 

The Federal Court will hear a complaint by 16 ex-Umno members on the failure to hold party elections on time.

PUTRAJAYA: A five-member bench will hear next year a complaint by 16 ex-Umno members on the party’s failure to hold elections within the stipulated time frame.

“The Chief Justice (Tengku Maimun Tuan Mat) has allowed our application for the case to be heard by a panel of five judges on Jan 25,” said lawyer Mohamed Haniff Khatri Abdulla, after case management before deputy registrar Azniza Mohd Ali.

The lawyer, who is appearing for the 16 appellants, has also fixed case management for Dec 28 for the registry to check that all papers were in order before the hearing.

Federal counsel V Krishna Priya appeared for the Registrar of Societies while lawyer Hafarizam Harun represented Umno.

On Feb 21 last year, a three-member Federal Court bench, led by then chief judge of Sabah and Sarawak David Wong Dak Wah, allowed them (the 16) leave to appeal the application on two questions of law.

They are: whether Section 18C of the Societies Act, which prevents the court from determining any suit relating to the affairs of political parties, is against Article 121 of the Federal Constitution; and whether the decision of the Federal Court in Pendaftar Pertubuhan v Justine Jinggut (2013) is still a good law in light of Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat (2017) and M Indira Gandhi v Pengarah Jabatan Agama Islam Perak (2018).

In both cases mentioned above, then Federal Court judge Zainun Ali held that judicial power is always in the hands of the court and appeared to suggest that the 1988 amendment to Article 121 was null and void.

Zainun also held that ouster clauses in state enactments and federal laws are unconstitutional as aggrieved parties are prevented from seeking remedy in court.

Following the deregistration of Umno in 1988, the Societies Act was amended to stop members of political parties from challenging the decisions of top party office bearers.

The High Court and Court of Appeal dismissed the judicial review as they were bound by the 2013 decision by the apex court.

Then Umno Seri Merpati Pandan Indah branch leader Salihudin Ahmad Khalid and his 15 fellow members sought judicial review against the party on grounds that it had breached its constitution by delaying the party elections.

They named the Registrar of Societies and Umno executive secretary Ab Rauf Yusoh as respondents.

The group sought to question Umno’s legality just weeks before the May 9, 2018 general election, saying the party should hold elections every three years, and that the leadership could only delay the polls for a period of 18 months.

They were later sacked by Umno for taking the party to court.

Umno held its party elections in June 2018, after losing federal power. Ahmad Zahid Hamidi was elected as president and Mohamad Hasan as deputy president. - FMT