KUALA LUMPUR: The High Court has stayed the suspension and deregistration imposed on Perikatan Nasional by the Registrar of Societies (ROS), pending the disposal of a judicial review filed by the coalition.
High Court judge Justice Azizan Md Arshad said the relief sought by Perikatan was allowed until the disposal of a substantive hearing on the judicial review, where Perikatan is challenging the ROS’ action.
This means Perikatan is able to carry out political activities, including contesting in the Melaka state election on Nov 14.
In his decision, Justice Azizan said he considered the applicants’ roles in political activities that touched on the rights of party members, assemblymen, MPs, and the state government as well as the irreversible effect on their participation in state elections.
“Looking at the entire facts of the case and the submissions presented, the court finds there is extraordinary circumstance that warrants a stay.
“The court also finds that there is no prejudice on the respondents if stay is allowed because a continuous monitoring on the applicants’ political activities can still be carried out and enforced, should there be any political activities that break the law,” he said.
The judge said that at this point, the court would not determine the validity of ROS’ action that deregistered Perikatan.
“The effect or validity of such exercise may still be challenged in other proceedings,” said Justice Azizan.
The court made no order as to costs.
On Oct 13, the High Court allowed leave for Perikatan to commence judicial review against the ROS’ suspension order on Perikatan’s activities.
The court dismissed an interim stay application by Perikatan but fixed yesterday for a hearing on an inter-parte stay application on the suspension order.
The leave application was filed on Oct 5 by Perikatan and PAS secretary-general Datuk Seri Takiyuddin Hassan, along with the secretaries-general of Gerakan Wong Chia Zhen and Malaysian Indian People’s Party (MIPP) N. Sathes Kumar, as the first to third applicants, through Messrs Siddiq Azani & Co.
The fourth and fifth applicants were the secretaries-general of Parti Wawasan Negara, Datuk Seri Saifuddin Abdullah, and Parti Pejuang Tanahair, Datuk Sazmi Miah.
They named ROS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail as respondents.
In his supporting affidavit, Takiyuddin said the suspension order issued on Sept 23 had a conclusive effect, as it prohibited the coalition from carrying out political activities.
He said the suspension prevented the Perikatan supreme council and other party organs from convening meetings or making decisions, including those related to Perikatan’s participation in the Melaka election.
In the application, Perikatan is seeking an order of certiorari to quash the suspension order dated Sept 23.
The order suspended all Perikatan activities except responding to a notice of intention to cancel registration.
They are also challenging a notice dated Sept 22 under subsection 13(2) of the same Act expressing the intention to deregister Perikatan after 30 days.
According to the application, the notice was issued on grounds that Perikatan had breached Clause 7.1 of its constitution by failing to invite Bersatu, as a member party, to the coalition’s supreme council meeting on July 16.
On Oct 20, ROS said in a statement that Perikatan had been deregistered pursuant to the Sept 22 notice.
The deregistration took place two days before the 30 days stated in the notice lapsed.
