Isa Samad's membership in KPF declared null and void

Felda chairperson Isa Samad’s controversial membership in Koperasi Permodalan Felda (KPF) was struck out and declared null and void by the Kuala Lumpur High Court today.

Justice Zaleha Yusof had overturned the decision by the Malaysian Cooperatives Societies Commission (MCSC) last May, which, although it found KPF had violated its by-laws in admitting Isa ( below ) as a member, ruled he can remain as a member.

Today's decision will hamper Isa's bid to be KPF chairperson, which had once been mooted but was protested to by a number of KPF members. KPF is the largest cooperative in Malaysia.

“The judge has agreed with us that the decision made by the commission was improper and granted a mandamus (order) for Isa’s membership to be struck out. In other words, he has allowed our application for a judicial review,” said lawyer Mohd Hanipa Maidin, who is representing the Felda settlers who filed the application.

“Hence, the court also allowed a certiorari (to quash) to cancel the MCSC’s decision,” he said.

Abdul Talib Ali and three other KPF members had applied for the judicial review application following the commission’s decision last May.

They are challenging MCSC's three member-panel decision in allowing Isa to remain in KPF although it acknowledged that Isa’s appointment was illegal.

They named the commission's panel members and KPF as respondents.

In their application, filed through the law-firm of Mohd Hanipa & Associates, they are seeking a declaration by the panel that Isa's appointment, which had remained intact despite the irregularities surrounding his appointment, be declared void.

'KPF management unhappy with appointment'

On May 31, it was reported that the commission had ruled that Isa's membership was improper, but no action can be taken as there was no provision for KPF to cancel Isa’s membership.

"Hence, Isa's membership in KPF remains intact," the panel led by Kamarulzaman Mohamad Buhari, with Muriddan Elias and Zainab Othman as the other members had ruled.

Isa's membership in the cooperative was highlighted in 2011 when PKR secretary-general Saifuddin Nasution ( right ), claimed that the board of directors had acknowledged Isa's inclusion in the board without taking into account the rules and regulations governing the cooperative.

Saifuddin had said the KPF management were unhappy with the arbitrary appointment and had sought the advice of the MCSC.

The KPF members later brought legal action against Isa.