High Court stays PN’s deregistration by ROS

High Court stays PN’s deregistration by ROS

KUALA LUMPUR: The High Court has allowed Perikatan Nasional’s application to stay the suspension and deregistration imposed on them by the Registrar of Societies (ROS), pending the disposal of a judicial review filed by Perikatan.

Justice Azizan Md Arshad said the relief sought by Perikatan was allowed until the disposal of a substantive hearing on the judicial review, where Perikatan is challenging ROS’s action.

In his decision, Justice Azizan said he considered the applicants’ roles in political activities that touched on the rights of party members, assemblymen, MPs, and the state government, as well as the irreversible effect on their participation in state elections.

“Looking at the entire facts of the case and the submissions presented, the court finds there are extraordinary circumstances that warrant a stay.

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“The court also finds that there is no prejudice to the respondents if a stay is allowed because continuous monitoring of the applicants’ political activities can still be carried out and enforced, should there be any activities that break the law,” Justice Azizan added.

The judge said that at this point, the court would not determine the validity of ROS’s action that deregistered Perikatan.

“The effect or validity of such exercise may still be challenged in other proceedings,” he said.

The court made no order as to costs.

On Oct 13, the High Court allowed leave for Perikatan to commence judicial review against the ROS’ suspension order on Perikatan’s activities.

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The court dismissed an interim stay application by Perikatan but fixed Thursday (Oct 22) for a hearing on an inter-parte stay application on the suspension order.

The leave application was filed on Oct 5 by Perikatan and PAS secretary-general Datuk Seri Takiyuddin Hassan, along with the secretaries-general of Gerakan, Wong Chia Zhen and Malaysian Indian People’s Party (MIPP), N. Sathes Kumar, as the first to third applicants, through Messrs Siddiq Azani & Co.

The fourth and fifth applicants were the secretaries-general of Parti Wawasan Negara (Wawasan), Datuk Seri Saifuddin Abdullah, and Parti Pejuang Tanahair (Pejuang), Datuk Sazmi Miah.

They named ROS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail as respondents.

In his supporting affidavit, Takiyuddin said the suspension order issued on Sept 23 had a conclusive effect, as it prohibited the coalition from carrying out political activities.

He said the suspension prevented the Perikatan Supreme Council and other party organs from convening meetings or making decisions, including those related to Perikatan’s participation in the Melaka Election.

As a result, Perikatan could not issue statements, hold public rallies, or campaign, adding that party officials also risked prosecution if they breached the order.

In the application, Perikatan seeks an order of certiorari to quash the suspension order dated Sept 23. The order suspended all Perikatan activities except responding to a notice of intention to cancel registration.

They are also challenging a notice dated Sept 22 under subsection 13(2) of the same Act expressing the intention to deregister Perikatan after 30 days.

According to the application, the notice was issued on the grounds that Perikatan had breached Clause 7.1 of its Constitution by failing to invite Parti Pribumi Bersatu Malaysia (Bersatu), as a member party, to the coalition Supreme Council meeting on July 16.

They also said the suspension order was made without giving Perikatan the right to be heard. They added they were not provided with Bersatu’s complaint or the documents forming the basis of the action.

On Oct 20, ROS said in a statement that Perikatan has been deregistered pursuant to the Sept 22 notice.

The deregistration took place two days before the 30-day period stated in the notice lapsed.