KUALA LUMPUR: Perikatan Nasional remains a functioning political coalition and can continue operating as usual following a High Court order staying the suspension and cancellation of its registration, says Datuk Seri Takiyuddin Hassan.
The Perikatan secretary-general said the Thursday (Oct 22) court order remains in force despite the Registrar of Societies (RoS) and Home Minister having filed an appeal against the decision.
He said the filing of a notice of appeal did not automatically stay the High Court order, allowing Perikatan to continue its activities, including holding an emergency meeting of its supreme council on Sunday (Oct 25) night.
"The notice of appeal you referred to does not change the position.
"As advised by Perikatan's panel of lawyers, Rule 13 of the Rules of the Court of Appeal 1994 provides that an appeal does not operate as a stay of execution of the decision appealed against unless the court orders otherwise.
"No such order has been made. The status quo you referred to is not the decision of the Registrar of Societies, but the High Court order," he said, as reported by Sinar Harian on Sunday.
Takiyuddin said this in a letter responding to Bersatu secretary-general Datuk Seri Mohamed Azmin Ali over the legality of Perikatan's emergency supreme council meeting.
Azmin had raised concerns in a statement on Sunday over the legal implications of holding the meeting and any decisions arising from it following the RoS' cancellation of the coalition's registration.
He argued that the High Court's stay order could not automatically be regarded as restoring Perikatan's registration.
Takiyuddin, however, said the High Court order not only stayed the implementation of Perikatan's suspension dated Sept 23 but also stayed further proceedings under Section 13 of the Societies Act 1966 pending the outcome of Perikatan's judicial review application.
He said the order also prevented the RoS from cancelling Perikatan's registration or giving effect to any cancellation until the judicial review was decided.
"The effect of the court order is clear. The notice, suspension order and cancellation order have all been stayed by the court.
"On that basis, Perikatan remains a coalition or political party that functions as usual," he said.
Takiyuddin also said Bersatu representatives remained invited to attend the emergency supreme council meeting and were free to participate, express their views and vote.
If Bersatu representatives chose not to attend, he said, that would be the party's decision and would be recorded accordingly.
He also asked Bersatu to provide within three days a copy of an Aug 12 letter from the RoS which purportedly confirmed its status as a legitimate Perikatan component party, as well as a copy of Bersatu's complaint to the RoS and its attachments.
Takiyuddin added that any attempt by any party to obstruct or restrict the implementation of the High Court order would be brought to the court's attention.
