The Kuala Lumpur High Court dismissed a judicial review leave application to quash Home Minister Saifuddin Nasution Ismail's exemption against Umno's deregistration.
Judge Amarjeet Singh denied the three BN members' legal bid during open court proceedings this morning.
Amarjeet ruled that the judiciary has no jurisdiction to hear cases involving internal matters of a political party per Section 18 of the Societies Act 1966.
The civil court judge also pointed out that this is borne out by a Court of Appeal legal precedent that strengthened this point.
“No order as to costs,” Amarjeet ruled.
Thalia Rohaina Abdul Latiff appeared for the three BN members, namely Satarriah Abdul Karim and Zaidi Abdul Majid from Umno’s Lembah Pantai branch, and P Vellasamy of MIC’s Lembah Pantai branch.
Senior federal counsel Ahmad Hanir Hambaly appeared for the minister and the Registrar of Societies (ROS). Lawyer Abu Bakar Isa Ramat represented Umno.
Contravening Federal Constitution
Earlier on March 7, Saifuddin revealed that he exempted Umno from a law that could see the party deregistered over its upcoming polls.
This was after Umno barred contests for the party’s president and deputy president posts.
This caused the BN trio to go to the civil court with the judicial review leave application eight days later.
According to the cause papers, the trio contended that Saifuddin’s decision - to exempt Umno from complying with Section 13(1)(c)(iv) of the Societies Act 1966 - is invalid as it contravened Article 8(1) of the Federal Constitution.
They claimed the minister’s exemption discriminated against Umno members’ right per the political party’s constitution to contest for the top two posts.
The trio claimed they were denied the right to be heard before Saifuddin made the decision to allow the exemption per Section 70 of the Societies Act.
“Saifuddin, (who is the) home minister, did not explain how the exemption granted was fair and in accordance with reason and logic.
“Saifuddin, on the contrary, has not given a reasonable explanation until now,” they said.
Among the reliefs sought via the judicial review is an order of certiorari to quash the minister’s March 7 decision. - Mkini
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