The High Court in Kuala Lumpur has fixed tomorrow morning to deliver its decision on whether to grant leave to 16 "sacked" Umno members on their judicial review application seeking the party's dissolution over irregularities in its leadership elections.
Earlier today, Justice Kamaludin Md Said told Umno lawyer Mohd Hafarizam Harun to leave and not submit on this issue as this was an ex parte application against the Registrar of Societies (ROS).
Umno 16's lawyer Mohd Haniff Khatri Abdulla also informed the court that they have filed contempt papers yesterday against Umno secretary-general Tengku Adnan Tengku Mansor for making comments over the purported expulsion of the 16 following their legal action.
Hafarizam then left the chambers of Justice Kamaludin, while Haniff and senior federal counsel Shamsul Bolhassan, who appeared for the ROS, remained to present their submissions.
Haniff submitted that any application to sack party members for bringing party matters to court under Section 18C of the Societies Act 1966 was unconstitutional, following decisions of the Federal Court in the Semenyih Jaya Sdn Bhd and Indira Gandhi cases.
"Based on the two Federal Court cases, the court has jurisdiction to such ouster a clause like Section 18C and article 20.7 of the Umno constitution," he said
Section 18C of the Societies Act stipulates that the decision of a political party or any person authorised by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party, shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.
Article 20.7 of the party constitution stipulates any member who brings party members to court is therefore sacked from the party.
Haniff (picture) said this comes after Shamsul brought a preliminary objection based on Section 18C and if the objection is rejected, then leave is granted with the merits of the case to be heard.
Shamsul, meanwhile, argued that under Section 18C, the court does not have jurisdiction to hear political party members in court and that Section 18C is not an ouster clause.
Contempt papers filed
Last Friday, the 16, led by Seri Merpati Pandan Indah Umno branch leader Salihudin Ahmad Khalid, filed the judicial review application to, among others, quash the ROS decision granting Umno an extension to hold its party election until April 19 next year.
They also sought the ROS to investigate their complaints over the party elections not being held and are seeking a dissolution of the party.
This came after the 16, who come from 11 Umno branches from six states, had written a letter questioning why the branch, division and supreme council elections had yet to be held.
Meanwhile, Haniff also revealed today that contempt papers have been filed against Tengku Adnan yesterday evening.
The court, he said, has fixed May 16 to hear the ex parte application to cite Tengku Adnan for contempt.
The contempt application came after Tengku Adnan's announced their sacking from Umno on April 21, in response their filing of the judicial review application.
They deem the move by Tengku an attempt to circumvent their application by terminating their Umno memberships.
They said the move by Tengku Adnan would have wide-reaching effects and went against the principle of sub judice.
