GE14 | The Kuala Lumpur High Court today refused to grant leave on the challenge made by Bersatu secretary-general Shaharuddin Md Salleh to set aside the Section 14(2) notice of the Societies Act 1966 which had been issued by the Registrar of Societies (ROS).

Instead, it ruled that the matter had become academic due to the fact that Section 14(5) notice, which allowed provisional dissolution of the party, had been issued.

Justice Kamaludin Md Said, in allowing the Attorney-General’s Chambers’ two preliminary objections, said this follows that the party had agreed and submitted the documents as required under Section 14(2) of the Act on March 29.

The judge said the issue could have been considered had Shaharuddin been unable to comply with Section 14(2) on the grounds that he was not given enough time.

"It is not disputed that Shaharuddin has complied with the Section 14(2) notice. It is not disputed that (ROS director-general) Surayati (Ibrahim) had issued the provisional dissolution order under Section 14(5).

"My view is since the challenge on Section 14(2) notice is no more an issue or is academic, the challenge, if any, must be against Section 14(5) provisional (dissolution) order issued by the respondent (ROS),” he said in the oral judgment.

Judge: Bersatu not without remedy

Justice Kamaludin said Shaharuddin is not left without a remedy, however, as he could still appeal with the relevant minister or, in the special circumstance when there is a caretaker government, file a judicial review application to challenge the decision made under Section 14(5).

Bersatu lawyer Rosli Dahlan said the party will appeal today's decision and file another judicial review application.

Section 14(2) of the Societies Act states that the Registrar can, at any time, order any registered society to furnish him, in writing, various documents including; rules of the society, a complete list of its office bearers of any branch, or such other information necessary.

Section 14(5) states that where the particulars required under subsection (2) are not furnished within the time stated in the order, or any extension thereof allowed by the ROS, the latter may make a provisional order for dissolution of the society.

Shaharuddin had filed a judicial review application on Thursday afternoon to seek a declaration from the court that the party had complied with Section 14(2) of the Societies Act and that it may contest in the 14th general election as a valid political party.

This was done prior to before Surayati’s press conference announcing the provisional dissolution of Bersatu, the party co-founded by former prime minister Dr Mahathir Mohamad and a component party of Pakatan Harapan.

Bersatu is also seeking a prohibition order against Surayati for wrongly issuing the order of dissolution against Bersatu by abusing the provisions stipulated in Section 14(5).

Bersatu lawyers, led by Rosli, had earlier made the submission for leave this morning while the senior federal counsel led by Suzana Atan made the objection.