NST, Feb 16 2009
The head of the youth wing of the All-Malaysia Indian Progressive Front (IPF) has filed for a judicial review of the decisions of the Registrar of Societies (ROS) on the political party, which among others declared that the election of Puan Sri Jayashree Pandithan as IPF president on Dec 14 2008 was not in order.
In the application, Suraienthiran, who acted as the plaintiff and named the ROS as the respondent, wanted the court to declare the decisions taken on the party made by Datuk Md Alias Kalil of the ROS as null and void on the grounds that they were ultra vires Section 18B of the Societies Act 1966.
He is also seeking a declaration for the letter conveying the ROS’ decisions to the IPF dated Jan 30 to be unlawful and violating Article 10(1)© of the Federal Constitution.
Suraienthiran is also seeking an injunction to get the ROS to suspend the decisions it took on the IPF until the case is disposed as well as costs and other relief deemed fit by the court.
Among the contents of the letter, which was included in the supporting affidavit, was that the election of Jayashree as IPF president was not done according to the party’s constitution and violated the Societies Act 1966.
The letter also declared that the suspension of IPF deputy president V Senggutuan and vice president M Mathiyalagan and a show cause notice issued to 12 members of the party’s supreme council was not in accordance with the party’s constitution while the IPF’s general assembly held on Dec 14 2008 also was not lawfully conducted.
The letter further instructed for all those suspended to be reinstated and if not, the IPF was liable to face action under Section 13 of the Societies Act.
The section empowers the ROS to suspend or deregister the IPF as a registered society.
Suraienthiran in his supporting affidavit for the judicial review also claimed that his election as the youth chief during the assembly on Dec 14 was legitimate.
He added that the decision by the ROS in declaring the assembly as unlawful had denied his right to be the wing’s youth chief.
At the assembly, Jayashree won the president’s post uncontested while K Murugiah was elected deputy president and M. Sambanthan, S. Visvanathan and K Naducheralathan as vice presidents. The party also picked K Velayuthan as the secretary-general and M Thirumugam as the treasurer.
On Dec 26 last year, Mathiyalagan failed in his bid to prevent Jayashree from becoming the president of IPF after the High Court here determined that it had no powers to grant a temporary injunction to the effect as sought by Mathiyalagan.
Judicial Commissioner Mohamad Ariff Md Yusof, who heard the case, said Section 18C of the Societies Act clearly spelt out that the courts had no powers to decide on suits, applications or proceedings of any kind on decisions made by political parties.
He is also seeking a declaration for the letter conveying the ROS’ decisions to the IPF dated Jan 30 to be unlawful and violating Article 10(1)© of the Federal Constitution.
Suraienthiran is also seeking an injunction to get the ROS to suspend the decisions it took on the IPF until the case is disposed as well as costs and other relief deemed fit by the court.
Among the contents of the letter, which was included in the supporting affidavit, was that the election of Jayashree as IPF president was not done according to the party’s constitution and violated the Societies Act 1966.
The letter also declared that the suspension of IPF deputy president V Senggutuan and vice president M Mathiyalagan and a show cause notice issued to 12 members of the party’s supreme council was not in accordance with the party’s constitution while the IPF’s general assembly held on Dec 14 2008 also was not lawfully conducted.
The letter further instructed for all those suspended to be reinstated and if not, the IPF was liable to face action under Section 13 of the Societies Act.
The section empowers the ROS to suspend or deregister the IPF as a registered society.
Suraienthiran in his supporting affidavit for the judicial review also claimed that his election as the youth chief during the assembly on Dec 14 was legitimate.
He added that the decision by the ROS in declaring the assembly as unlawful had denied his right to be the wing’s youth chief.
At the assembly, Jayashree won the president’s post uncontested while K Murugiah was elected deputy president and M. Sambanthan, S. Visvanathan and K Naducheralathan as vice presidents. The party also picked K Velayuthan as the secretary-general and M Thirumugam as the treasurer.
On Dec 26 last year, Mathiyalagan failed in his bid to prevent Jayashree from becoming the president of IPF after the High Court here determined that it had no powers to grant a temporary injunction to the effect as sought by Mathiyalagan.
Judicial Commissioner Mohamad Ariff Md Yusof, who heard the case, said Section 18C of the Societies Act clearly spelt out that the courts had no powers to decide on suits, applications or proceedings of any kind on decisions made by political parties.
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