Balkis: Order granted to challenge ROS' decision
The Kuala Lumpur High Court today granted leave to an application by Selangor MB's wife Salbiah Tunut and nine others over the Registrar of Societies' decision to dissolve Balkis, a welfare organisation of the state's elected representatives.
The Kuala Lumpur High Court today granted leave for an application by the Selangor MB's wife, Salbiah Tunut, and nine others over the Registrar of Societies decision to dissolve Balkis, a welfare organisation of the wives' of state's elected representatives.
Judicial Commissioner Mohd Ariff Md Yusof agreed that the applicants have a legal standing to seek a judicial review over the application to challenge the ROS' decision to dissolve Balkis.
"The court held that Salbiah and the other applicants have locus standi to challenge and seek judicial review."
"They are not mere busybodies and have a right as these entities have contributed money to Balkis. This matter is also of public interest. The ruling is not frivolous and vexatious," Mohd Ariff decided in chambers.
Following the decision, Mohd Ariff also heard submissions for the stay of execution application from counsel Derek Fernandez, representing Salbiah and the Selangor entities, and federal counsel Maisarah Jauhari representing the ROS.
Not busybodies
The Judicial Commissioner then fixed Wednesday (Sept 16) to rule on Selangor 's application for a stay pending the disposal of all the applications.
During the last session, Maisarah had submitted that the applicants were mere busybodies in making the application for a judicial review.
Their application was based on the ROS' decision to dissolve Balkis (Wives of Selangor state assemblypersons' and MPs charity and welfare organisation) on Feb 11.
Besides Salbiah, the other parties supporting the application are Permodalan Negeri Selangor Bhd, Kumpulan Darul Ehsan Bhd, and the Selangor State Development Corporation.
Other parties are Worldwide Holdings Berhad, Selangor Industrial Corporation Sdn Bhd, Selaman Sdn Bhd, PKNS Infra Berhad, PKNS Engineering and Construction Bhd also filed similar action against ROS.
Balkis came under the state government's scrutiny after it was dissolved in haste following the 2008 general election. The organisation was then headed by the then menteri besar Dr Mohd Khir Toyo's wife Zahrah Kechik.
The Pakatan Rakyat state government also conducted an inquiry into the manner Balkis was managed and how it was able to accumulate a huge income from donations given by various state agencies.
RM7 million in accounts
It was learnt that Balkis had close to RM7 million in its accounts before it was dissolved on February 11.
The manner in which it was dissolved by the ROS was questioned as it was dissolved before the March 8, 2008 general elections.
It was reported that funds from Balkis, had been transferred to an unknown account.
The matter was also brought up at the Selangor state assembly.
Zaharah had called for an emergency EGM on March 11, three days after the 12th general election to dissolve Balkis and close its accounts.
The funds were then transferred to the Association of Wives of Ministers and Deputy Ministers (Bakti), a charitable organisation of Barisan Nasional-elected representatives.
Selangor government's application
Salbiah filed the application on May 4, 2009 where she sought:-
* to obtain leave to apply for an order of certiarori to quash the decision, of the respondent dated Feb 11, 2009 in dissolving Balkis and cancelling its registration with effect from the date;
* to obtain leave to apply for an order of mandamus (to compel) the ROS to reject the dissolution of Balkis and to set aside the decision of the registrar in dissolving and cancelling its registration and to reinstate its registration;
* a declaration that the decision by the ROS to dissolve Balkis and the subsequent cancelling of its registration is illegal and null and void,
* an order for a stay of the decision of the respondent or any or all actions or proceedings arising from the decision including gazetting, pending determination of the application or further order; and
* obtain an extension in the event the application is considered to be filed outside the time required under the law.
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