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MIC fails to quash ROS order for fresh elections

The High Court today dismissed two judicial review applications by MIC president G Palanivel and four others, challenging the Registrar of Societies (ROS)' directive for fresh elections.

Justice Asmabi Mohamad ruled that there was no reason for the court to interfere with ROS' decison as it was reasonable and rational pursuant to Section 16(1) and Section 18 (b)(1) of the Societies Act 1966.

The court ordered all five applicants to pay RM90,000 in costs to ROS, the home minister, and MIC vice-president M Saravanan who is an intervenor in the applications.

The applicants had filed two separate applications for judicial review to challenge ROS' directive for the party to hold fresh elections.

The first application was filed on Feb 23 by MIC central working committee member AK Ramalingam, who named the ROS and its director-general Mohammad Razin Abdullah as respondents.

The second application was filed on Feb 24 by Palanivel ( photo ), MIC vice presidents S Sothinathan and S Balakrishnan, and former MIC secretary-general A Prakash Rao.

They named the ROS and home minister as the first and second respondents, respectively.

In their application, Palanivel, Sothinathan, Balakrishnan and Prakash Rao sought, among others, a declaration that matters associated with the party elections were subject to the party's constitution and not on ROS' views.

They also sought a declaration that the outcome of the MIC election held during the party's annual general assembly on Nov 30, 2013, was valid and enforceable.

The applicants also sought an injunction to prevent the respondents from taking any action or issuing any directive against MIC until the judicial review had been disposed.

On March 20, they obtained leave for a judicial review from the High Court to challenge ROS' decision.

- Bernama

 

 

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