GE14 | Lawyer Mohd Haniff Khatri Abdulla has warned that Umno may trigger a national crisis if its candidates contest in the 14th general election, should his clients’ appeal against the dismissal of their bid to dissolve Umno be allowed. 

While Haniff said he respected High Court judge Justice Kamaludin Md Said's decision to dismiss the case today, he felt it was wrong and went against the principle of stare decisis, or to follow rules laid down in previous judicial decisions, such as that of the Semenyih Jaya Sdn Bhd and Indira Gandhi cases in the Federal Court. 

He said it was up to Umno to take the risk in fielding its candidates as BN representatives.

"If the appeal is allowed it may bring the country to a national crisis regarding the validity of its (Umno) candidates (following the questions surrounding the party status)," he said.

"However it is up to the wisdom of Umno to consider this ....in extending the crisis within Umno to become a national crisis should our appeal is allowed," he warned.

Read more: Umno 16's bid to dissolve party dismissed

Haniff said the merits of their challenge had not been heard before the court following today's dismissal.

He said the merits to their case were strong, as there were questions regarding Umno's status, given that it had not held any party election for almost five years.

Umno’s constitution states that the party must have elections every three years, and a further extension can be given for a maximum of 18 months.

Haniff said the court had not decided the issue raised above, which is the merit of the application.

"What the court does (is that) it deprives parties from hearing the merits, as a result of Section 18C of the Societies Act, which deprives members from bringing a party matter to court," he added.

Section 18C of the Societies Act 1966 states that members cannot bring party disputes to court. It was cited by Justice Kamaludin Md Said as the basis for dismissing the challenge filed by 16 Umno members today.

Hence, Haniff said that the issue regarding Section 18C would be taken up on appeal first, and should the court allow the appeal and merits to be heard, the question regarding the validity of the party would then be raised.

The 16 Umno members had filed the application last week, in which they sought to quash the Registrar of Societies’ decision to extend the deadline for Umno party elections until April next year, for their complaints to be investigated, and an order for a dissolution of the party to be issued.

The branches last held their elections on Aug 31, 2013.

The notice of appeal for the whole decision by the High Court this morning was filed at 2.50pm today.