High Court dismisses MIC applications, fresh election directive from RoS stands

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KUALA LUMPUR: The High Court here has dismissed two judicial review applications by four MIC leaders and its strategic director challenging the Registrar of Society’s (RoS) directive for the party to hold fresh elections.High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad made the order on the grounds that the court has no reason to interfere with the RoS decision.Justice Asmabi dismissed the applications with RM90,000 costs.

Party president Datuk Seri G. Palanivel, vice-presidents Datuk S. Sothinathan and Datuk S. Balakrishnan, former secretary-general A. Prakash Rao and strategic director A.K. Ramalingam filed the two applications early this year.On Feb 24, Palanivel, Sothinathan, Balakrishnan and Prakash filed the application for judicial review of the RoS directive by seeking a declaration that matters related to a political party’s elections were governed by the party’s constitution, and could not be based on RoS’ opinion.

They were seeking a declaration that the decision of MIC’s annual general meeting on Nov 30, 2013 was valid and enforceable.They also sought a court order to strike out the decisions and/or directives of RoS via three letters dated Dec 5, Dec 31 and Feb 2 on the grounds that they contradicted the Societies Act 1966 and the party’s constitution.On Feb 23, Ramalingam filed an application to initiate judicial review proceedings against RoS director-general Mohammad Razin Abdullah and RoS over his actions and statements pertaining to MIC.

Mohammad Razin had in his Feb 6 letter stated that all elections in 2013, including the MIC AGM, were invalid because RoS had deemed that there was a basis to a complaint that illegal branches participated in the polls.On April 24, Justice Asmabi allowed another MIC vice-president, Datuk M. Saravanan, to become an intervener in the two judicial review applications. Following the decision, Saravanan is now a respondent in the applications.

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