The High Court in Kuala Lumpur today decided that Anina Saadudin is no longer an Umno member owing to the suit she filed against party president Najib Abdul Razak regarding the RM2.6 billion donation.

Judicial commissioner S Nantha Balan said the court does not have jurisdiction to hear Anina's application to challenge her expulsion.

"The court is bound by previous decision in that any party member who filed a court action ceases to be a party member.

"Section 18C of the Societies Act 1966 does not allow the matter to be adjudicated," he ruled.

“With this, Anina's challenge is dismissed and we allow the application by secretary-general Tengku Adnan Tengku Mansor and executive secretary, Abdul Rauf Yusoh to strike out the suit,” the judicial commissioner said.

Nantha Balan also ordered Anina to pay RM5,000 costs.

Section 18C states the decision of a political party to be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or called in question in any court and no court shall have the jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of that decision.

Tengku Adnan had sent letters dated Sept 1 and 2 to Anina announcing that she is no longer a party member as a result of her action in taking the matter to court.

Subsequently, Anina, a vocal Langkawi Umno member, filed the suit against Tengku Adnan and Abdul Rauf to challenge the purported expulsion.

Anina's lawyer Hanif Khatri Abdulla said the former Langkawi Umno member has instructed him to file an appeal.

Right decision

Meanwhile, Tengku Adnan and Abdul Rauf's lawyer Mohd Hafarizam Harun hailed today's ruling as the right decision as any party member should resolve a dispute within the party and not in the courts.

“Hopefully, today's decision would culminate in the other court to strike out the suit by Anina against Najib and the others (regarding the RM2.6 billion donation),” Hafarizam said.

Despite this, Hanif said the suit against Najib, Abdul Rauf, the Election Commission and 1MDB is not affected as it was filed when Anina was still a party member. She filed the suit so that Umno could get the chunk of the RM2.6 billion.

The application to strike out this suit will be heard on Dec 15.

Anina, when asked today whether she will be there tomorrow for the Wanita Umno AGM, said she has not decided.

Nanthabalan, in his decision, added that in theory a political party can decide willy-nilly to sack or suspend whomever they wish and for whatever reason.

“That is not to say or imply that Anina had ceased to be a member of Umno for flippant reasons. On the contrary, she ceased to be a member of Umno because she allegedly violated Clause 20.7 of the Umno constitution in taking a matter to court namely filing the suit (against Najib),” he said.

“As I said, the rights and wrongs of the position taken by Umno to treat the plaintiff as a ceased or expelled member for having filed the suit (against Najib) is not within the view of the court's jurisdiction,” he said.

Her remedy, the judicial commissioner added, if there is one, lies within the Umno constitution that being for her to make an appeal (after three years) pursuant to clause 20.11.2 of the party constitution for her membership to be reinstated.

“This is in line with Section 40 of the Societies Act 1966,” he said, adding no doubt a three-year wait is too long and it may be meaningless to apply to be reinstated as the landscape may well have changed by then.

“Unfortunately, those are the contractual terms upon which Anina had agreed to become a member of Umno. And so she has no choice but to abide by those rules,” Nanthabalan said.