KUALA LUMPUR (Oct 28): Perikatan Nasional (PN) is seeking leave from the High Court to initiate contempt proceedings against the Registrar of Societies (ROS) over the move to deregister the opposition coalition, saying it was done while related court proceedings were pending.
PN secretary general Datuk Seri Takiyuddin Hassan and four component party leaders noted in their application that the ROS had proceeded to revoke PN's registration while its judicial review and stay applications were pending.
Takiyuddin, who is also the PAS secretary general, was joined by Gerakan secretary general Wong Chia Zhen, Malaysian Indian People's Party (MIPP) secretary general Sathes Kumar Nilamaham, Wawasan secretary general Datuk Seri Saifuddin Abdullah and Pejuang secretary general Datuk Sazmi Miah.
The application, naming ROS director general Datuk Mohd Zulfikar Ahmad as the respondent, was filed on Tuesday by PN’s lawyers from the law firm Siddiq Azani & Co.
The coalition contends that the registrar issued the cancellation order on Oct 20 with full knowledge that two substantive applications were fixed for an inter partes hearing before the High Court on Oct 22.
The applicants claim that that ROS move just two days prior to the scheduled hearing rendered the hearing moot. The judicial review, they noted, had become academic.
At the inter partes hearing, however, High Court judge Datuk Azizan Md Arshad granted a stay of the cancellation order prohibiting the ROS from enforcing any revocation pending the final disposal of the judicial review.
In their leave application for contempt, the applicants highlighted that the cancellation left PN, its four state governments, and 276 elected representatives without a registered party structure between Oct 20 and Oct 22, just days before the nomination day for the Melaka state election on Oct 31.
They claimed that the ROS’ conduct constituted deliberate interference with due process, warranting committal leave under Article 126 of the Federal Constitution, Section 13 of the Courts of Judicature Act 1964, and Order 52 of the Rules of Court 2012.
A case management for the committal leave application has been scheduled before the High Court senior assistant registrar on Nov 12.
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