KUALA LUMPUR: The High Court has granted Perikatan Nasional (PN) leave to commence judicial review proceedings against the Registrar of Societies (RoS) over two notices against the opposition coalition.
However, Justice Azizan Arshad did not grant PN an interim stay of RoS's indefinite suspension of the coalition's activities.
"Whether the suspension constitutes a lawful decision upon the right of PN is a matter that should be properly determined at a substantive stage.
“In short, the applicants met the threshold for leave and the court therefore allows leave for the matter to be argued at a substantive stage,” he said.
The court fixed Oct 22 for the hearing of PN’s stay application.
Earlier, PN's counsel Ivanpal Singh Grewal argued that a stay was warranted given the exceptional circumstances of the Melaka state election on Nov 14. He said the suspension had shut the coalition out of the democratic process.
"At the moment, PN cannot meet and decide on its candidates. It cannot engage its grassroots and prepare for the election," he said.
Senior federal counsel Nurhafizza Azizan, representing the attorney-general, opposed PN's applications, saying the show-cause notice issued to the coalition last month had yet to expire, which meant the RoS had not made a decision on PN.
She submitted that it was premature for PN to apply for leave to commence judicial review proceedings against the RoS.
Earlier this month, PN filed a judicial review application against the RoS, seeking, among others, a certiorari order to quash the Sept 23 notice indefinitely suspending the coalition's activities and the Sept 22 show-cause notice requiring PN to explain why action should not be taken to deregister it.
It also sought a declaration that both notices were null and void and of no effect.
The application was filed by the secretaries-general of five PN components, with the exception of Bersatu.
Besides Takiyuddin Hassan, who is secretary-general of PN and PAS, the applicants are Gerakan's Wong Chia Zhen, the Malaysian Indian People's Party's N Sathes Kumar, Wawasan's Saifuddin Abdullah and Pejuang's Sazmi Miah.
They named the RoS director-general and home minister as respondents.