Wednesday , May 31 2023

The court rejects the appeal of former Umno members on the legitimacy of the party – BorneoPost Online | Burnie, Malaysia, Sarawak Daily News


PUTRAJAYA: The court of appeal ruled yesterday that it dismissed an appeal from 16 former Umno members against the High Court's refusal to file a request to question the legitimacy of the party.

Justice Datuk Badariah Sahamid, chairman of a three-member council, supported the ruling of the High Court in Kuala Lumpur, which refused the group's request for a judicial review license after the committee found that there was no need to intervene in the High Court's findings.

"We therefore reject the appeal without order for costs," said Judge Badariah, who heard the appeal with the judges Datuk Kamardin Hashim and Datuk Zabariah Mohd Yusof.

After examining the landmark decisions on Semenyih Jaya Sdn Bhd and M.Indira Gandhi in relation to the issue of jurisdiction brought by the appellants, the court held that the facts and the legal framework in both cases were very different from the current appeal.

The group issued the decision after hearings of lawyer Mohamed Haniff Khatri Abdulla, who represented the 16 appellants and senior federal advisor Shamsul Bolhassan, acting as Registrar of Societies (RoS), who was the defendant.

On April 27, 2018, the Supreme Court rejected the application for a judicial review by the group after allowing the preliminary objection raised by RoS.

The 16 were Salihudin Ahmad Khalid, Noorhalimi Yahya, Mariam Mohd Ishak, Mohd Hafami Hanif, Saharudin Tukiman, Azaid Jani, Normalawati Hassan, Radian Abd Manaf, Mohd Rafeek Rahim, Nurul Hanna Mohd Suhot, Kamar Abd Wahid, Mohd Hikamal Md Hassim, Muzamzamir Abd Wahab, Norizam Jamaludin, Rohani Ahmad and Muhamad Hafizi Hashim.

In their application, they called for a certiorari decision to abolish the RoS decision, as announced in a media statement of 5 March 2018, to grant Umno an extension for his election until 19 April 2019, which exceeded the maximum duration .

They also sought to impose an obligation on RoS to temporarily dismantle Umno and to suspend for RoS all Umno's activities pending judicial review.

They also wanted a statement that Umno was illegal from April 20, this year. – Bernhama

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