AGC, Umno oppose bid to challenge no-contest decision for party’s top posts

 

The AGC and Umno argued that two former members and someone from outside the party had no legal basis to file for judicial review.

KUALA LUMPUR: The Attorney-General’s Chambers (AGC) and Umno today objected to a filing for judicial review to challenge home minister Saifuddin Nasution Ismail’s decision to allow Umno to exempt its top two posts from contest during its party elections.

Then Kampung Bukit C2 Lembah Pantai Umno branch members, Satarriah Abdul Karim and Zaidi Abdul Majid, and Lembah Pantai MIC branch member P Vellasamy filed the application on May 15, naming Saifuddin, the Registrar of Societies (RoS) and Umno as respondents.

Senior federal counsel Ahmad Hanir Hambaly said the AGC objected to the application on the grounds that the decision was not subject to judicial review because it was related to the decision of a political party.

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“The three applicants also do not have the legal standing to file,” he said when presenting his submissions in the High Court before Justice Amarjeet Singh.

Meanwhile, Umno’s counsel Hafarizam Harun submitted that Satarriah and Zaidi had no right to file against the party because they had been expelled.

“Suffice to say, they are no longer members of Umno. They no longer have any genuine interest in any decision or actions made by Umno or the minister,” Hafarizam said.

According to the counsel, Vellasamy, an MIC member, was also similarly unaffected and had no right to file.

Meanwhile, Thalia Rohaina Abdul Latiff, representing the three applicants, said that the application had merit because it involved an administrative decision made by the RoS.

The applicants maintained that on Jan 13, an additional Umno motion was proposed at the 2022 Umno general assembly to exempt the party presidency and deputy presidency from contest at the party polls.

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They said on March 2, the RoS director-general issued a letter to the Umno secretary-general, saying that the no-contest resolution was irregular and contrary to Article 9.3 of the party constitution, therefore the resolution was invalid.

The RoS then directed Umno to take corrective action accordingly.

However, on March 7, they said Saifuddin issued a statement saying that the ministry had decided to grant an exemption to Umno under Section 70 of the Societies Act from complying with Section 13(1)(c)(iv) of the same Act.

Amarjeet fixed Aug 30 for the decision. - FMT