PUTRAJAYA: The Federal Court today heard that the law preventing internal affairs of a party to be taken up to court was not applicable to the legal challenge by 16 former Umno members against the Registrar of Societies' (RoS) decision delaying the party election.
Counsel Mohamed Haniff Khatri Abdulla who represented the group said Section 18C of the Societies Act 1966 only applies to the decisions of a political party and not any other parties like the RoS.
Haniff had before a five-member panel submitted that the challenge brought by his clients was not against Umno but against the decision made by RoS granting Umno an extension for its party election.
In his submissions during the virtual hearing conducted via Zoom, Haniff said the decision made by the lower courts had been misconceived as the legal action only targeted RoS' decision instead of Umno's.
"Section 18C refers to the decision of a political party. It does not bar a challenge against the decision of RoS' administration of matters which involve political parties," he said.
The 16 are appealing against the High Court and the Court of Appeal's dismissal of their bid for leave to initiate a judicial review to challenge the legality of the party.
The group led by then Seri Merpari Pandan Indah Umno branch chief Salihudin Ahmad Khalid comprised Noor Halimi Yahya; Mariam Mohd Ishak; Mohd Hafami Hanif; Saharudin Tukiman; Azaid Jani; Normalawati Hassan; Radiana Abd Manaf; Mohd Rafeek Rahim; Nurul Hanna Mohd Suhot; Kamarul Abd Wahid; Mohd Hikamal Md Hassim; Muzamzamir Abd Wahab; Norizam Jamaludin; Rohani Ahmad and Muhammad Hafizi Hashim.
Mewanwhile, senior federal counsel Shamsul Bolhassan who acted for the RoS argued that the judicial review was a 'disguise' to circumvent Section 18C to challenge Umno's decision.
He said the effect of the challenge against the RoS' decision was to challenge the party's decision.
"It is a disguise to bypass Section 18C," he said.
The hearing continues on a date that has yet to be set.
The panel chaired by Chief Judge of Malaya Tan Sri Azahar Mohamed also comprised Federal Court judges Datuk Abdul Rahman Sebli, Datuk Seri Hasnah Mohammed Hashim, Datuk Mary Lim Thiam Suan, and Datuk Rhodzariah Bujang.
On April 20, 2018, the 16 filed the leave application at the High Court to commence judicial review seeking a declaration that the political party was illegal for breaching its constitution by delaying the party election.
In their application seeking for leave, they sought a certiorari order to quash the RoS' decision which was announced through a media statement dated March 5, 2018, granting Umno an extension for its party elections until April 19, 2018, which exceeded the maximum period.
They had also sought for a mandamus order to compel the RoS to provisionally dissolve Umno and for RoS to suspend all party activities until the judicial review is disposed of.
On April 27, the same year, The High Court dismissed their application on grounds that the decision of a political party relating to its internal affairs shall be final and could not be questioned in any court on any grounds.
This is provided under Section 18C of the Societies Act.
The Court of Appeal on Nov 5, 2019, upheld the High Court's decision dismissing their application.
In February, 2019, the 16 former Umno members were granted leave to appeal to the Federal Court and two legal questions were framed for the determination of the court.