High Court sets Friday to decide on judicial review application over Umno's legality

KUALA LUMPUR: The High Court will decide on Friday (April 27) if 16 now-former Umno members will be allowed to challenge the legality of the party for not having internal elections for almost five years.

The 16 made an application seeking leave for a judicial review against the Registrar of Societies (RoS) and Umno in relation to its failure to hold party elections since 2013.

They are also seeking a declaration that Umno is illegal and is effectively dissolved as of April 20, 2018.

The case will be heard before High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said Justice Kamaludin.

This was explained to reporters by counsel for the 16, Mohammed Haniff Khatri Abdulla, after meeting the judge in chambers on Thursday (April 26).

"The Attorney-General's Chambers has raised a preliminary objection. If the objection is granted then most probably we cannot proceed with our judicial review," said Mohammed Haniff, adding that the set tomorrow for the decision.

In their lawsuit, the 16 applicants from 11 Umno branches in six states, named the RoS and Datuk Ab Rauf Yusoh, who is being sued in his capacity as Umno's public officer, as respondents.

The applicants are seeking a certiorari order to revoke any RoS decision granted an extension for Umno to hold its elections.

The extension was given to Umno via a media statement dated March 5.

However, the 16 claim that this RoS extension did not comply with Umno's own constitution.

Salihudin Ahmad Khalidm, one of the 16 former Umno members, claimed that the elections at all party levels – Supreme Council, division and branch – had been delayed twice.

He stated that this exceeded the maximum 18 months allowed for postponements of party elections, as stipulated by the Umno constitution.

The 16 applicants are Salihudin, 51; Noor Halimi Yahya, 53; Mariam Mohd Ishak, 55; Mohd Hafami Hanif, 49; Saharudin Tukiman, 42; Azaid Jani, 34; Normalawati Hassan, 30; Radiana Abd Manaf, 35; Mohd Rafeek Rahim, 37; Nurul Hanna Mohd Suhot, 37; Kamarul Abd Wahid, 45; Mohd Hikamal Md Hassim, 49; Muzamzamir Abd Wahab, 41; Norizam Jamaludin, 50; Rohani Ahmad, 40; and Muhamad Hafizi Hashim, 30.

On April 21, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor the 16 from the party, saying that they had violated Clause 20.7 of the Umno constitution which stipulated that any member who went to court over party matters would lose their membership automatically.