KUALA LUMPUR: The High Court has granted a stay on the Registrar of Societies' (RoS) decision to deregister Perikatan Nasional (PN), allowing the coalition to contest the upcoming Melaka polls under its banner.
Justice Azizan Arshad said the stay remains in effect until a decision is made on PN's judicial review against the RoS.
"The application for a stay of execution is allowed pending the full disposal of the hearing, with no order as to costs," he said.
The judge held that exceptional circumstances warranted a stay, including the applicant's political role and the implications for its rights as elected representatives or state governments.
"There would be no prejudice if the stay were granted, as PN could continue to be monitored for any political activity that contravenes the law."
Earlier, senior federal counsel Nurhafizza Azizan argued that PN should file a fresh judicial review application as the RoS had yet to deregister the coalition when the original application was filed, rendering the matter academic.
However, counsel Azhar Azizan Harun pointed out that one of the reliefs sought in the original application was an order restraining the RoS from deregistering the coalition pending the disposal of the judicial review.
Azhar argued that the deregistration was unlawful.
He said the RoS had acted pre-emptively by deregistering the coalition, in breach of the timeline stipulated in its show-cause notice.
"In their haste to halt these proceedings, they breached their own timeline of 30 days stipulated in the notice. The deregistration should take place after the 30 days from the date of notice. This is a statutory requirement," he said.
On Oct 5, PN filed a judicial review application against the RoS, seeking, among others, a certiorari order to quash the Sept 23 notice suspending the coalition's activities indefinitely and the Sept 22 show-cause notice requiring PN to explain why it should not be deregistered.
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 component parties, excluding Bersatu.
On Oct 13, the High Court granted PN leave to commence the judicial review. A week later, the RoS deregistered the coalition.