PUTRAJAYA: The Court of Appeal on Wednesday (Aug 12) dismissed Tan Sri M. Kayveas' appeal against the High Court's refusal to grant him leave to commence a judicial review to challenge the appointment of Datuk Seri Maglin Dennis D'Cruz as the president of the People's Progressive Party (myPPP).
The decision was delivered by a three-man bench comprising Justices Lim Chong Fong, Dr Lim Hock Leng and Ahmad Shahrir Mohd Salleh.
Lawyer Gavin Jayapal, who represented myPPP's public officer Datuk Dr Loga Bala Mohan, and lawyer M. Manoharan, representing Kayveas, confirmed to Bernama the court's decision when contacted.
Justice Lim Hock Leng, reading the unanimous decision of the panel, held that the High Court had correctly decided that it is non-justiciable due to the unambiguous terms of Section 18C of the Societies Act.
He said since Kavyeas was no longer a member, any judgment would be academic.
Justice Lim said the court was mindful that the threshold for leave to commence judicial review proceedings was low, but that the appellant's application was frivolous and did not cross the threshold.
On Nov 20, 2023, the High Court had dismissed Kayveas's application to obtain leave to commence judicial review proceedings.
In his application, he sought to quash the decision by Badrul Hisham Alias from the National Registration and Societies Division of the Home Ministry, representing the Home Minister, in a letter dated April 11, 2023, rescinding the party's de-registration.
MyPPP was deregistered on Jan 14, 2019, following a dispute among members or office-bearers.
Kayveas has also sought to declare the party's annual general meeting (AGM) held on March 19, 2023, where D'Cruz was appointed as President of myPPP, null and void.
Dr Loga Bala was also represented by lawyer Parveena Kaur at the proceedings in the Court of Appeal, while senior federal counsel Nurhafizza Azizan and federal counsel Muhammad Muhairi Mohamed Noh appeared for the minister. Lawyers M. Manoharan and Ganendra Manoharan represented Kayveas. - Bernama
