KUALA LUMPUR, Dec 18 (Bernama) -- Indian Progressive Front (IPF) former vice-president V. Mathiyalagan has no locus standi to file an injunction to stop Puan Sri Jayashree Gnanapandithan from continuing to serve as the party's president, the High Court here heard on Thursday.
Counsel S.Selvam, who represented Jayashree and two other defendants, said this was because the application for an injunction and a writ of summons against the defendants was filed by Mathiyalagan after he was suspended by the party on Nov 12 2008. He was subsequently sacked on Dec 14 2008 by the party's general assembly.
Selvam also submitted that under sections 18B and 18C of the Societies Act 1966, the court had no jurisdiction to hear and entertain the application sought by Mathiyalagan as the sections said the decision of the political party was final and conclusive in the matter.
Citing several cases decided by the Federal Court, Selvam said it showed that the party's decision on the appointment of Jayashree as party president should not be challenged, quashed or reviewed in any court and on any grounds.
Selvam submitted that the proper forum for Mathiyalagan to resolve his dispute with the party was the Registrar of Societies.
Selvam also submitted on the preliminary objection raised by Jayashree that the court had no jurisdiction to hear Mathiyalagan's application and sought the court to throw out the application.
On Nov 24, Mathiyalagan filed a writ of summons against Jayashree, party secretary-general K. Velayutham and assistant secretary K. Neducheralanathan and named them as defendants.
In the suit, he applied for an injunction to stop Jayashree from continuing to serve as the party's president.
Besides the injunction, he also sought aggravated and exemplary damages, costs and other reliefs deemed fit by the court.
He also sought a court order to stop Jayashree from intervening in the affairs of the party and a declaration that she was not a legitimate IPF president and all actions by her as the president were null and void.
Mathiyalagan also sought a declaration that the letter appointing Jayashree as party president dated April 20, 2008 and the meeting of the party's supreme council held at Kuala Lumpur Hospital on April 20, 2008 was null and void.
He alleged that the IPF supreme council's statement on Jayashree's appointment as acting president and later as party president in place of her late husband, Tan Sri M.G. Pandithan, was fraudulent.
He said Jayashree's action in calling herself IPF president without any legitimate policies or powers had brought confusion to IPF supreme council members, IPF members and the public.
In her affidavit filed on Dec 11, Jayashree said there was no fraud, complot or falsification in her appointment as party president.
The hearing, before Judicial Commissioner Mohamad Ariff Md Yusof, was adjourned to tomorrow.
Mohamad Ariff said that as the preliminary objection raised by Jayashree involved a very important case of law, he advised Mathiyalagan's counsel, K.Saraswathy, to submit tomorrow to convince the court that it had jurisdiction to entertain Mathiayalagan's application.
-- BERNAMA
Selvam also submitted that under sections 18B and 18C of the Societies Act 1966, the court had no jurisdiction to hear and entertain the application sought by Mathiyalagan as the sections said the decision of the political party was final and conclusive in the matter.
Citing several cases decided by the Federal Court, Selvam said it showed that the party's decision on the appointment of Jayashree as party president should not be challenged, quashed or reviewed in any court and on any grounds.
Selvam submitted that the proper forum for Mathiyalagan to resolve his dispute with the party was the Registrar of Societies.
Selvam also submitted on the preliminary objection raised by Jayashree that the court had no jurisdiction to hear Mathiyalagan's application and sought the court to throw out the application.
On Nov 24, Mathiyalagan filed a writ of summons against Jayashree, party secretary-general K. Velayutham and assistant secretary K. Neducheralanathan and named them as defendants.
In the suit, he applied for an injunction to stop Jayashree from continuing to serve as the party's president.
Besides the injunction, he also sought aggravated and exemplary damages, costs and other reliefs deemed fit by the court.
He also sought a court order to stop Jayashree from intervening in the affairs of the party and a declaration that she was not a legitimate IPF president and all actions by her as the president were null and void.
Mathiyalagan also sought a declaration that the letter appointing Jayashree as party president dated April 20, 2008 and the meeting of the party's supreme council held at Kuala Lumpur Hospital on April 20, 2008 was null and void.
He alleged that the IPF supreme council's statement on Jayashree's appointment as acting president and later as party president in place of her late husband, Tan Sri M.G. Pandithan, was fraudulent.
He said Jayashree's action in calling herself IPF president without any legitimate policies or powers had brought confusion to IPF supreme council members, IPF members and the public.
In her affidavit filed on Dec 11, Jayashree said there was no fraud, complot or falsification in her appointment as party president.
The hearing, before Judicial Commissioner Mohamad Ariff Md Yusof, was adjourned to tomorrow.
Mohamad Ariff said that as the preliminary objection raised by Jayashree involved a very important case of law, he advised Mathiyalagan's counsel, K.Saraswathy, to submit tomorrow to convince the court that it had jurisdiction to entertain Mathiayalagan's application.
-- BERNAMA
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