Court says 'no' to Muda's bid for judicial review of its rejection by RoS

  • Nation
  • Thursday, 04 Feb 2021

KUALA LUMPUR: The High Court here has dismissed a leave application by youth movement Muda in its bid to challenge the Registrar of Societies' (RoS) rejection of its application to be registered as a political party.

The application for leave to initiate judicial review was rejected after Justice Mariana Yahya allowed an objection by the Attorney General's Chambers (AGC) during online court proceedings on Thursday (Feb 4).

When contacted, AGC Senior Federal Counsel Ahmad Hanir Hambali said the court had found that the applicants - Muda leader Syed Saddiq Syed Abdul Rahman and 12 others - did not appeal their case to the Home Minister first, and therefore had not exhausted the avenues for appeal provided under the Societies Act 1966.

He added that the applicants were also ordered to pay costs of RM2,000.

On Jan 12, the 13 applicants filed the application for leave for a judicial review by naming RoS and the Home Minister as the first and second respondents.

They sought an order to cancel RoS’ decision to refuse to register Muda (which stands for Malaysian United Democratic Alliance) as a political party under Section 7 of the Societies Act 1966.

Syed Saddiq, who is former Parti Pribumi Bersatu Malaysia Armada chief, said in his supporting affidavit that Muda received a letter from RoS on Jan 6 stating that the movement's application did not meet the First Schedule of the Act and so it had been rejected in accordance with Section 7(3)(e) of the same Act.

On Jan 25, the AGC objected to the application for leave on the grounds that the application was premature and an abuse of the court process.

The AGC argued that the applicants did not appeal to Home Minister Datuk Seri Hamzah Zainuddin first before filing for leave for judicial review as provided under Section 18 of the Societies Act.

It added that Muda had 30 days from Jan 6 to make its appeal to the minister.

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