Lawyer P Uthayakumar has filed an application for a judicial review of the decisions of Home Minister Hishammuddin Hussein, the Registrar of Societies and the Federal Territory RoS office for refusing to register two political parties.

NONE The papers for the review of their decisions rejecting the registration of Parti Reformasi Insan Malaysia (Prim) in 2000 and the Human Rights Party (HRP) in 2009 were filed in the High Court registry at 915am today by the firm of M Manoharan.

Uthayakumar ( right ), who is also the plaintiff, former pro-tem secretary-general of Prim and current pro-tem secretary-general of HRP, is seeking a writ of certiorari to set aside the RoS decision dated March 29, 2011, not to register HRP.

He is also seeking a writ of mandamus (order to compel) from the court for the HRP to be registered under the Societies Act 1966, based on Article 10(1)(c) of the Federal Constitution, which relates to the right to form an association.

Uthayakumar wants the three respondents to, alternatively, grant relief or other orders deemed fit by the court

Grounds for the application

Uthayakumar said sometime in 2000, he tried to form Prim while he was its secretary-general, but the application to RoS was not approved.

On June 18, 2009, Uthayakumar applied to RoS to form the HRP, but he did not get any reply.

On Nov 25, 2010, he sent another letter, along with the application form as required by the respondents, and they acknowledged receiving it. On Dec 16, he sent them a reminder on his application, but there had been no reply.

Similar follow-up letters were sent to RoS, its FT office and the minister on Feb 17 this year and again on March 14, but there was no reply from them.

Also, in the letter dated March 14, HRP's solicitors Manoharan & Co, had asked for the approval of HRP as a political party based on Article 10 (1) (c ) of the Federal Constitution, which  provides the right to form an association.

NONE Should the respondents fail to do so within 14 days, the letter stated, it would result in Uthayakumar making this application.

Uthayakumar said the respondents had breached the rules of natural justice, and in particular the Federal Constitution, in not allowing/failing/neglecting to allow the freedom of association.

He claimed the respondents had acted mala fide (with bad intent) in not registering HRP, and that Umno and BN did not want it registered as it would to allow HRP to represent the poor Indian community.

The former Hindu Rights Action Force (Hindraf) leader also claimed he had the legitimate expectation to see the respondents allow the registration of the HRP.

He said there was “selective approval” or unfairness on the part of the respondents in approving the registration of political parties, since those that were pro-Umno/BN were registered.

He named the Malaysian Makkal Sakthi Party, Parti Kesejahteraan Insan Tanah Air (Kita) and non-governmental organisations Perkasa, Tiga Line, Pekida, and Ayahanda as such associations that have been approved by the RoS.

Uthayakumar also claimed there was no due process and consideration on the part by of the respondents in not approving HRP, resulting in it having to make the legal application.