The High Court has allowed Perikatan Nasional’s application to stay the RoS decision revoking its registration pending judicial review.
KUALA LUMPUR: The High Court here today allowed Perikatan Nasional’s (PN) application to stay the Registrar of Societies’ (RoS) decision to revoke the coalition’s registration pending the outcome of its judicial review.
Judge Datuk Azizan Md Arshad also granted PN’s application to stay the enforcement of an RoS notice suspending all activities of the political coalition.
The decision allows PN to continue its political activities, including contesting the Melaka state election scheduled for Nov 14.
In his judgment, Azizan said there were exceptional circumstances warranting the stay, taking into account the applicants’ involvement in political activities and their rights as party members, elected representatives and Members of Parliament, as submitted by their counsel.
“The court finds that no prejudice will arise if this stay is granted, as the political activities of the applicants or Perikatan Nasional can continue to be monitored, and enforcement action can be taken if any activities are found to contravene the laws of the country.
“Therefore, the application for a stay of execution is granted until the full disposal of the substantive hearing of this judicial review,” he said.
The judicial review application was filed on Oct 5 by PN secretary-general Datuk Seri Takiyuddin Hassan and the secretaries-general of four other component parties — Wong Chia Zhen of Parti Gerakan Rakyat Malaysia (Gerakan), N. Sathes Kumar of the Malaysian Indian People’s Party (MIPP), Datuk Seri Saifuddin Abdullah of Parti Wawasan Negara (Wawasan) and Datuk Sazmi Miah of Parti Pejuang Tanahair (Pejuang).
They were named as the first to fifth applicants, respectively, while RoS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail were named as the respondents.
In their application, the applicants contended that the suspension prevented them from carrying out their usual political activities, including using PN’s name and symbol in the 16th Melaka state election.
The RoS had issued an order suspending all PN activities with effect from Sept 23, following a notice served on the coalition on Sept 22 under Subsection 13(2A) of the Societies Act 1966.
On Oct 20, the RoS revoked PN’s registration under subparagraph 13(1)(c)(iv) of the same Act, after determining that the coalition’s explanation had failed to refute the grounds for revocation stated in the notice dated Sept 22.
Earlier, on Oct 13, the court dismissed PN’s application for an interim stay of the RoS’ suspension notice but granted the coalition leave to commence judicial review proceedings.
In his judgment, Azizan said the relief sought by PN expressly included an application to prevent further action in relation to the suspension notice, including the revocation of the coalition’s registration.
“Therefore, the court does not accept the Senior Federal Counsel’s argument that the stay application has automatically become academic simply because the revocation has already taken effect.
“However, at this stage, the court will not determine whether the respondents’ action to revoke the organisation’s registration is valid or beyond judicial scrutiny. The validity of the exercise of that power may still be challenged in other proceedings,” he said.
At today’s proceedings, PN was represented by lawyers Tan Sri Azhar Azizan @ Harun, Ivanpal Singh Grewal and Muhammad Rafique Rashid Ali, while both respondents were represented by Senior Federal Counsel Nurhafizza Azizan.
Speaking to reporters outside the courtroom, Muhammad Rafique said today’s ruling allowed PN to contest in the Melaka and Sarawak state elections and use its logo, including for campaigning purposes.