A three-member Court of Appeal bench today dismissed the appeal by 16 Umno members who sought a declaration for the dissolution of the party as a result of its branches and divisions not holding their elections within the stipulated time.

Justice Badariah Sahamid, who led the bench, upheld the High Court decision in not granting leave for the 16 Umno members led by Pandan Indah branch leader Salihudin Ahmad Khalid.

The group had sought for a judicial review of the Registrar of Societies' decision to grant an extension allowing Umno branches and divisions to postpone their elections until after the 14th national general election.

Justice Badariah who sat together with Justice Kamardin Hashim and Justice Zabariah Yusoff agreed that the facts in the landmark decisions of the Semenyih Jaya Sdn Bhd and the M Indira Gandhi cases on the position of the ouster clause was not applicable.

She said Section 18C of the Societies Act stipulated that a party's decision is final and cannot be challenged.

"The facts and circumstances  in the Semenyih Jaya and Indira Gandhi cases differ from this appeal and we dismiss the appeal," said Justice Badariah.

On April 26 this year, then High Court Justice Kamaludin Mohd Said dismissed the judicial review application on grounds that Section 18C of the Societies Act stipulates that a party member cannot bring a dispute regarding the party to court.

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.

The 16 former Umno members from six states had written a letter, earlier this year questioning why the branch, division and supreme council elections had yet to be held.

As there was no response, they 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 about the party elections not being held and were seeking a dissolution of the party.

The 16 were represented by Mohd Haniff Khatri Abdulla while senior federal counsel Shamsul Bolhassan appeared for the ROS.