KUALA LUMPUR, Sept 27 – The High Court here today struck out a suit filed by a DAP member to stop the party from holding a special congress on Sunday to re-elect its Central Executive Committee (CEC) as directed by the Registrar of Societies (ROS).
Justice Datuk Rosnaini Saub also dismissed an application by plaintiff A. David Dass for an interim injunction to stop the party from holding the election and ordered David Dass to pay RM5,000 in costs to the defendant.
In her decision before a courtroom packed with mainly DAP leaders, she ruled that parliament in its wisdom had enacted Section 18(c) of the Societies Act 1966 where it was clearly stated that the court shall have no jurisdiction to interfere in the decision of a political party on any matter relating to its affairs.
“I, therefore, agree with the defendant’s counsel that the plaintiff does not have a sustainable case,” ruled Rosnaini.
“On the interim injunction sought by the plaintiff, by allowing the defendant’s application to strike out the suit, the application for any interim injunction has no foundation to stand,” she concluded.
In an immediate reaction, DAP secretary-general Lim Guan Eng told reporters the party was happy with the court’s decision.
DAP chairman and the defendants’ lead counsel Karpal Singh said the judge agreed with the submission forwarded by the defendants that any decision made by any political party was final and conclusive as stipulated under Section 18(c) of the Societies Act.
Dass had named Lim and DAP as the defendants in the suit filed on Sept 10, and had sought an injunction to stop the defendants from holding the re-election on Sunday.
He had also sought a declaration that the party elections could only be held by way of a national congress and that the party should give 10 weeks’ notice to hold elections and that the notice for the special congress dated Sept 4 be declared null and void.
The plaintiff claimed that the party should inform members 10 weeks before holding party elections and the party must call the elections through a national congress and not hold the elections at a special congress.
– BERNAMA
