The Shah Alam High court will hear a lawsuit filed by two ex-Umno members against Umno president Dr Mahathir Mohamad and party secretary-general Khalil Yaacob next Wednesday.

Othman Ibrahim from the party's Port Klang branch and Zulkifre Abu from the Selat Selatan branch filed the lawsuit on May 17 this year to declare two Umno Klang annual general meetings held in April 2001 and 2002 null and void.

They claimed that the attendance of members from 11 divisions that had been temporarily suspended from October until December 2000 under the Societies Act 1966 had made both the AGMs illegal.

They are seeking to have the AGMs reconvened. The AGM allows members to chose division committee members and office bearers within the committee. The Klang division is chaired by Zakaria Md Derus.

They also claimed that both Mahathir and Khalil had failed to act despite the many complaints made.

The case would be heard before Justice Zaleha Zahari.

Settlement attempt failed

Earlier today, lawyer Teng Chang Khim for Othman and Zulkifre, attempted but failed to settle the matter in chambers with the defendants' lawyer Mohd Hafarizam Harun.

In the affidavit, the plaintiffs claimed that the 11 branches were illegal as their registrations had been cancelled on Oct 30 and 31, 2001 by the Registrar of Societies.

The 11 branches are Pelabuhan Selatan, Teluk Gadong, Sri Pelabuhan, Kampung Tengah Teluk Gong, Jalan Kem, Teluk Pulai, Kampung Masjid Pelabuhan Klang, Klang Bandar, Kampung Nelayan Telok Gong, Kampung Raja Uda and the Pandamaran housing area.

However seven branches, namely Teluk Pulai, Sri Pelabuhan, Pelabuhan Selatan, Kampung Nelayan Teluk Gong, Teluk Gadong, Klang Bandar and Kampung Tengah Teluk Gong, appealed to the home minister in a letter dated Jan 2, 2002 asking to be reinstated.

In a letter dated Jan 22, the Home Ministry informed the Registrar of Societies that Deputy Home Minister Chor Chee Heung had approved the appeal and the seven branches were re-registered.

No power to re-register branches

The duo claimed that Chor had no power to re-register the branches and that the branches had exceeded the 30-day appeal period and that no reasons were given in their appeal.

In his affidavit, Khalil said the suit by Othman and Zulkifre was frivolous and vexatious and an abuse of the court process.

"In any situation the decision of the Home Minister on Feb 22, 2002 is final under Section 18 of the Societies Act. The plaintiffs have also failed to show any bad faith on the part of the minister," Khalil said.

He also said that under the Societies Act, the plaintiffs do not have the power to challenge the decision of the minister in a court of law.