PETALING JAYA: PAS and its allies could face serious legal implications if they proceed with an emergency Perikatan Nasional supreme council meeting while the coalition's registration remains the subject of court proceedings, says Datuk Seri Mohamed Azmin Ali.
The Bersatu secretary-general said the party believed the status quo following the Registrar of Societies' (RoS) decision to cancel Perikatan’s registration should be maintained until all stages of the court process had been exhausted.
He pointed to Sections 41 and 42 of the Societies Act 1966, saying an organisation whose registration had been cancelled would be considered unlawful, while those managing or assisting in the management of an unlawful organisation could be committing an offence.
"If PAS and its allies still proceed with the 'Perikatan Nasional supreme council' meeting under the circumstances explained above, Bersatu is concerned that the conduct of the meeting and decisions made at the meeting could have serious legal implications," he said in a statement on Sunday (Oct 25).
Azmin said Bersatu would consult its lawyers to ensure that any action taken complied with Perikatan's constitution and the Societies Act.
His statement came after Perikatan secretary-general Datuk Seri Takiyuddin Hassan issued an invitation dated Oct 23 for an emergency supreme council meeting on Sunday.
Azmin questioned why the meeting was called when a notice of appeal against the High Court's decision had been filed on the same day.
The RoS cancelled Perikatan's registration last Tuesday after rejecting the coalition's explanation against the move.
On Thursday, High Court judge Datuk Azizan Md Arshad granted Perikatan a stay against the RoS decision cancelling its registration, pending the disposal of its substantive judicial review.
The court also stayed an earlier RoS notice suspending all Perikatan activities, with the decision allowing the coalition to continue its political activities and contest the Nov 14 Melaka state election.
However, the RoS director-general and Home Minister Datuk Seri Saifuddin Nasution Ismail, represented by federal counsel, filed an appeal on Friday against the entirety of the High Court's decision granting the stay.
Azmin said Bersatu's position was that the filing of the appeal meant parties should maintain the status quo arising from the RoS cancellation until the court process had been fully exhausted.
In his statement, he also raised questions over Bersatu's position within Perikatan, saying the party had previously been denied the right to attend, speak and vote at a Perikatan supreme council meeting on July 16.
Azmin said Perikatan's then-leadership had cited questions over the quorum of Bersatu's supreme leadership council and disputed Bersatu's membership in the coalition.
He said that if PAS and its allies now wanted Bersatu representatives to attend Sunday's emergency meeting, they should first state their position on those two issues.
Failure to do so, he said, would raise questions over the validity of the notice convening the meeting.
