KUALA LUMPUR (Aug 30): The High Court on Wednesday dismissed a suit brought by two Umno members and one MIC member to challenge Home Minister Datuk Seri Saifuddin Nasution Ismail's decision to exempt Umno's president and deputy president posts from being contested.
This follows judge Datuk Amarjeet Singh Serjit Singh refusing to grant leave (permission) to the trio for the merits of the application to be heard.
Amarjeet said the court dismissed the matter as it was bound by Section 18C of the Societies Act 1966 as well as a Court of Appeal decision.
The judge made no order as to costs.
Section 18C of the Act stipulates that the decision of a political party cannot be challenged, appealed against, reviewed, quashed or called in question in any court, and no court shall have jurisdiction to entertain or determine any suit or proceeding.
The trio — Umno members Sattariah Abdul Karim and Zaidi Abdul Majid along with MIC member P Vellasamy — 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, which exempted Umno from abiding by Section 13(1)(c)(iv) of the Societies Act 1966 through a provision in Section 70 of the Act.
They also wanted a declaration that the additional motion by Umno — as decided in the party's 2022 general assembly for no contest for the top two posts — was not proper, in conflict with the party's constitution, and hence is null and void.
The trio sought a declaration that Umno should resort to corrective measures by not setting aside the party constitution under Article 9.3, and they also sought a declaration that the posts of the president and deputy president of the party are 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 party's general assembly, and that the additional motion was in violation of Article 9.3 of Umno's constitution.
Sattariah, Zaidi and Vellasamy were represented by Thalia Rohaina Abdul Latiff, while senior federal counsel Ahmad Hanir Hambaly @ Arwi appeared for the Attorney General's Chambers (AGC). Umno was represented by Datuk Abu Bakar Isa Rahmat.
Last month, when the application was heard, the AGC and Umno objected to the application for the court to grant leave.