KUALA LUMPUR (June 12): Two Umno members and an MIC member have brought Umno, Home Minister Datuk Seri Saifuddin Nasution Ismail, the Registrar of Societies (RoS) and the Malaysian government to court over the directive of not allowing contest for a party's top two posts, namely president and deputy president.

If granted by the court, the trio, who are part of Barisan Nasional component party members, are seeking that the posts of party president and deputy party president be contested within 30 days of the court order.

Sattariah Abdul Karim along with Zaidi Abdul Majid and P Vellasamy named the RoS, Saifuddin, Umno and Malaysian government as respondents in the leave for judicial review application.

The application was filed on May 15, through Messrs Rohaina & Co, and is scheduled for hearing for leave (permission) on Thursday (June 15) before High Court judge Datuk Amarjeet Singh.

In the application, they sought a certoriari order to quash the Home Minister’s decision dated March 7, 2023, that exempts Umno from abiding by Section 13(1)(c)(iv) of the Societies Act 1966 through provision in Section 70 of the Societies Act on the exemption for contest for the top two posts.

They also want a declaration that the letter from the RoS dated March 3 this year, that found the additional motion by Umno that is decided in the party assembly for no contests is not proper, in conflict with Umno’s constitution, and hence is null and void.

The trio also sought a declaration that Umno should resort to corrective measures by not setting aside the party constitution under Article 9.3, and they sought a declaration that the post of president and deputy president of the party is contested within 30 days of the court order.

Sattariah, Zaidi, and Vellasamy also sought a declaration that Umno had gone against Section 13(1)(c)(iv) of the Societies Act by approving the additional motion in the Umno general assembly 2022 and the additional motion is in violation of Article 9.3 of the Umno constitution.

Sattariah in her affidavit in support of the application said Saifuddin’s decision to approve the no-contest rules is contrary of Article 8 of the Federal Constitution, as it had discriminated Umno members in Umno’s basic structure, in allowing contests for posts and this had curb, hinder Umno members from contesting the top two posts.

The hearing of the challenge follows Umno's general assembly over the weekend.