Bersatu was today granted leave by the High Court in Kuala Lumpur for its challenge against the Registrar of Societies' provisional dissolution order on the party to be heard in full.

The court also granted the party a stay of the provisional dissolution order against it, issued by ROS director-general Surayati Ibrahim on April 5.

With leave granted, the full merits of Bersatu's judicial challenge, including nullifying any decision by the ROS to dissolve the party, can now be heard.

Bersatu lawyer Rosli Dahlan confirmed this today when contacted.

According to Rosli, Justice Azizah Nawawi had ruled that Bersatu secretary-general Shahruddin Mohd Salleh had shown that there was an arguable case.

Bersatu had submitted that Section 14(5) of Societies Act 1966 could only be invoked if the particulars are not furnished within the specified time, in compliance with the ROS letter dated Feb 28.

"In the present case, however, Shahruddin takes the position that the party had furnished the particulars in writing and within time vide its letters dated March 27, March 29 and March 30.

"The applicant takes the position that the ROS director-general acted ultra vires and literally abused her powers when she issued the Section 14(5) notice, which provisionally dissolved Bersatu in the wake of the general election," said the court.

The court said that if the stay was not granted and Bersatu remained provisionally dissolved, it may cause irreparable damage to the political party in its attempt to provide an alternative choice to voters.

"As such, I am of the considered opinion that the ROS decision dated April 5 must be stayed pending the disposal of the substantive application (merits)," said the judge.

'No hindrance'

In an immediate response, Bersatu president Muhyiddin Yassin (photo, below) said that he had got word that a preliminary objection by the Attorney-General's Chambers had also been rejected by the court.

"This means that Bersatu's complaint to the court against the ROS will now be heard following the ROS' wrongful action. The court has also granted a stay of the provisional dissolution given by the ROS until the disposal of this application.

"With this, Bersatu can continue with its struggle to bring change in the 14th general election. There is no hindrance for Bersatu to function as a valid political party," Muhyiddin said.

The court fixed May 7 for case management.

It was reported that the application before Azizah was the second filed by Bersatu, after another High Court judge Justice Kamaludin Mohd Said refused to grant leave two days prior, on April 11.

The ROS had on April 5 issued Bersatu a provisional dissolution order saying that it had failed to submit the required documentation for registration.

The party denied this, saying all required documents had been submitted before the deadline.

It subsequently mounted legal challenges against the ROS decision.