KUALA LUMPUR (June 15): The High Court (Appellate and Special Powers division) had on Thursday (June 15) fixed July 26 to hear further submissions and clarifications on an application for leave (permission) to initiate a judicial review against Home Minister Datuk Saifuddin Nasution Ismail’s decision to not allow Umno's president and deputy president posts to be contested.
Judge Datuk Amarjeet Singh also directed lawyers Thalia Rohaina Abdul Latiff and Harnesh Karamjit Singh — who appeared for Umno members Sattariah Abdul Karim and Zaidi Abdul Majid, and MIC’s P Vellasamy — and senior federal counsel Ahmad Hanir Hambaly, who appeared for the Attorney General’s Chambers, to submit on points of law concerning the minister's decision.
A judicial review can be filed to challenge a decision made by the government or authority in question; however, in such applications leave had to be gained first before the full merits of the application is heard.
The trio, who are part of Barisan Nasional member component parties, filed the application on May 15, through Messrs Rohaina & Co, where they sought leave for a certiorari 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 Registrar of Societies dated March 3 this year, that found the additional motion by Umno that is decided in the party assembly for no contests for the top two 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.