While former PKR deputy secretary-general PS Jenapala is challenging the validity of the on-going party elections - namely his candidacy for the party's deputy president’s post - in court, he may find an amendment to the Societies Act in 1988 a barrier.

perak state govt crisis 030309 tommy thomas According to senior lawyer and constitutional law expert Tommy Thomas ( left ), no one can take disputes within a political party to court.

“That has been the position following the Team A and Team B Umno elections in 1987. As a result of it, the Societies Act had been amended in 1988 to exclude legal disputes relating to all political parties being ventilated in court,” he told Malaysiakini .

“Hence, Jenapala’s action should be struck out,” he said, adding that he had learnt of Jenapala’s action from newspapers and would watch closely as to what transpires.

Thomas said the amendment to the Societies Act was brought into force by (former prime minister) Dr Mahathir Mohamad.

If one were to remember, the Team A and Team B contest had brought about a change in the judiciary, which saw former lord president Salleh Abas and several other judges replaced following their controversial decision to deregister Umno.

pkr keadilan indian faction pc 230507 jenapala Jenapala, 56 ( right ), had yesterday filed an originating summons to seek a court order declaring as invalid the election for the post of deputy president of the PKR. Ironically, Jenapala has engaged the law firm Hafarizam Wan & Aisha Mubarak to handle the matter.

Mohd Hafarizam Harun has represented Umno in many cases, including the Perak constitutional crisis, the Kota Siputeh assemblyperson case and the suit by company Elegant Advisory Sdn Bhd against Umno on election paraphenelia.

Jenapala named PKR president Dr Wan Azizah Wan Ismail, PKR deputy president Dr Syed Husin Ali and PKR secretary-general Saifuddin Nasution Ismail as the defendants.

He claims in his application that he was still a PKR member as he is as a life member of the party, and he could contest any post, including the deputy presidency.

His application will be heard before Justice Aziah Ali of the High Court's Appellate and Special Powers Division on Monday.

Latheefa: PKR has yet to receive suit

PKR information chief Latheefa Koya, when contacted, said she had checked with party headquarters and found it had yet to receive the suit filed by Jenapala.

Latheefa also questioned Jenapala’s motive in hiring Hafarizam, a lawyer normally engaged by Umno.

“Suddenly, a bankrupt person can hire a lawyer from Umno,” she remarked.

pkr weekly pc 120707 latheefa PKR had claimed that Jenapala had been sacked from the deputy secretary-general’s post following a breach of party discipline as he had been declared a bankrupt.

Latheefa ( left ) said Jenapala would first have to obtain leave from the court to initiate the action.

She said the party would see to the next course of action after Monday’s hearing, but she did not discount the possibility of an ex-parte injunction order being made against the party.

“We will see what happens, but as of today, I have checked with the office and the office bearers have not received the documents,” she said.

The Star reported today that Jenapala had filed his affidavit in the High Court to support the originating summons, which he had filed yesterday.

He is attempting to stop the party from declaring any candidate as the newly-elected deputy president.

Jenapala is trying to get an injunction to restrain PKR from taking further steps towards the  completion of the election process relating to the post.

He also told reporters that 162 complaints had been lodged  in relation to the matter, but no action was taken by PKR.