AGC, Umno oppose bid to challenge no-contest decision for party’s top posts


Senior federal counsel Ahmad Hanir Hambaly says the Attorney-General’s Chambers objected to the application on the grounds that the decision is not subject to judicial review because it is related to the decision of a political party. – The Malaysian Insight file pic, July 26, 2023.

THE Attorney-General’s Chambers (AGC) and Umno today objected to the application for leave for judicial review sought by three individuals to challenge Home Minister Saifuddin Nasution Ismail’s decision to allow Umno to exempt its top two posts from contest during its party elections.

Then Kampung Bukit C2 Lembah Pantai Umno branch members Satarriah Abdul Karim and Zaidi Abdul Majid and Lembah Pantai MIC branch member P. Vellasamy filed the application on May 15, naming Saifuddin, the Registrar of Societies (ROS) and Umno as respondents.

Senior federal counsel Ahmad Hanir Hambaly said the AGC objected to the application on the grounds that the decision was not subject to judicial review because it was related to the decision of a political party.

“The three applicants also do not have locus standi to file the legal action,” he said when presenting his submissions before High Court judge Amarjeet Singh today.

Umno’s counsel, Mohd Hafarizam Harun, submitted that Satarriah and Zaidi had no locus standi to seek leave for judicial review against Umno because they had been expelled.

“Suffice to say, they are no longer Umno members. They no longer have any genuine interest in any decision or actions made by Umno or the minister,” he said.

Hafarizam said Vellasamy, an MIC member, was also similarly unaffected and had no locus standi to seek leave for judicial review.

Lawyer Thalia Rohaina Abdul Latiff, representing the three applicants, said the application had merit because it involved an administrative decision made by ROS.

Amarjeet fixed August 30 for the decision.

In the application, the applicants said on January 13, an additional motion was proposed at the 2022 Umno general assembly to exempt the party presidency and deputy presidency from contest at the party polls.

They said on March 2, the ROS director-general issued a letter to the Umno secretary-general, saying that the no-contest resolution was irregular and contrary to article 9.3 of the party constitution, therefore the resolution was deemed invalid.

The ROS then directed Umno to take corrective action accordingly.

However, on March 7, they said Saifuddin issued a statement saying that the ministry had decided to grant an exemption to Umno under section 70 of the Societies Act from complying with section 13(1)(c)(iv) of the same act. – Bernama, July 26, 2023.


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