KUALA LUMPUR: The Registrar of Societies (ROS) has filed an appeal against the High Court's decision that stayed its suspension and deregistration of Perikatan Nasional.
According to the court document, made available to the press on Friday (Oct 23), ROS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail filed the notice of appeal through the senior federal counsel today.
In the notice, Mohd Zulfikar and Saifuddin stated that they were unsatisfied with the decision by High Court judge Justice Azizan Md Arshad that was delivered on Thursday (Oct 22).
They stated that they would be appealing to the Court of Appeal on the entirety of the High Court's decision, which allowed Perikatan's stay application.
Perikatan's lawyer Muhammad Rafique Rashid Ali confirmed the matter when contacted by the press.
Yesterday, the High Court has allowed Perikatan's application to stay the suspension and deregistration imposed on them by the ROS, pending the disposal of a judicial review filed by Perikatan.
This means Perikatan is able to carry out their political activities, including contesting in the Melaka state election on Nov 14.
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 today 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 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 (Wawasan), Datuk Seri Saifuddin Abdullah, and Parti Pejuang Tanahair (Pejuang), 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.
As a result, Perikatan could not issue statements, hold public rallies, or campaign, adding that party officials also risked prosecution if they breached the order.
In the application, Perikatan seeks 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 the grounds that Perikatan had breached Clause 7.1 of its Constitution by failing to invite Bersatu, as a member party, to the coalition Supreme Council meeting on July 16.
They also said the suspension order was made without giving Perikatan the right to be heard. They added they were not provided with Bersatu’s complaint or the documents forming the basis of the action.
On Oct 20, ROS said in a statement that Perikatan has been deregistered pursuant to the Sept 22 notice.
The deregistration took place two days before the 30-day stated in the notice lapsed.
