adminKUALA LUMPUR: Perikatan Nasional (PN) has failed to obtain a temporary stay order against the Malaysian Registration of Societies (RoS) notice suspending all activities of the coalition until the judicial review application is heard and decided.
However, Judge Datuk Azizan Md Arshad set October 22 to hear PN’s application for an inter-parte or bilateral suspension, involving the same notice.
In similar proceedings, he allowed the coalition to initiate a judicial review to challenge the matter.
The court made the decision after hearing submissions from lawyer Ivanpal Singh Grewal, representing PN, and Senior Federal Counsel Nurhaffiza Azizan for RoS Director-General Datuk Mohd Zulfiqar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail as respondents.
The application was filed by five leaders of PN’s component parties, led by PN Secretary-General, Datuk Seri Takiyuddin Hassan as the first applicant.
The other four applicants are the Secretary-General of the Malaysian People’s Movement Party (Gerakan), Wong Chia Zhen; the Secretary-General of the Malaysian Indian People’s Party, N Sathes Kumar; the Secretary-General of the National Vision Party, Datuk Seri Saifuddin Abdullah and the Secretary-General of the Tanahair Fighter Party, Datuk Sazmi Miah.
On September 22, RoS issued a notice to PN, before the suspension order of all coalition activities came into effect on September 23.
On September 24, RoS issued a suspension order on all PN activities, with the action taken under Subsection 13(2A) of the Societies Act 1966.
During the proceedings, which were conducted in chambers, Azizan said that the court had taken into account the public interest and the need to provide space for the parties involved to resolve the issue within an appropriate period, especially with the upcoming State Election (PRN).
The court said the applicant’s application was given priority because nomination day was scheduled for October 31.
In the meantime, the judge ruled that the applicant had met the threshold required to obtain permission for the application.
Azizan said this would allow the issues raised to be argued at the substantive stage of judicial review.
The court also held that among the issues that need to be examined is whether the statutory powers of the RoS allow the suspension to be extended to prevent PN from participating in the entire election process, including the upcoming PRN.
He said the decision to grant permission to commence a judicial review did not mean that the court had ruled on the legality of the RoS’s actions.
Instead, the question of whether the RoS’ actions are legally valid will be determined at the substantive level after the issue is argued in more detail.
Based on documents obtained, PN claims that failure to postpone or cancel the notice before nomination day will affect the coalition’s participation in the 16th Melaka state election.
In the urgent certificate of recognition filed with the application, PN also claimed that the notice prevented the coalition from carrying out political activities as usual, including authorizing candidates to contest using the party coalition’s name and logo.
According to the coalition, any court decision after nomination day will be too late because the opportunity to field a representative using its name and logo can no longer be returned.
The Election Commission (EC) has set November 14 as the polling day for the Melaka State Legislative Assembly (DUN) election, while October 31 is the nomination day.
Early voting is on November 10 and the campaign period lasts for 14 days from October 31 to November 13.
Postal vote applications for the 16th Melaka PRN open on September 23.
-Agency
