PUTRAJAYA — Nov. 5, 2018: The Court of Appeal has dismissed an appeal by 16 former Umno members against a lower court’s refusal of their application to challenge the legality of the party.
A bench chaired by Datuk Dr. Badariah Sahamid upheld a Kuala Lumpur high court’s ruling which denied the group’s application for leave for judicial review after it found no reason to interfere in the findings.
Justice Badariah heard the appeal with Datuk Kamardin Hashim and Datuk Zabariah Mohd. Yusof.
She said that after the panel looked at the landmark decisions on the Semenyih Jaya Sdn. Bhd. and M. Indira Gandhi cases on the jurisdiction issue raised by the appellants, it was of the view that the facts and the point of law in both cases were different from this appeal.
On last April 27, a high court dismissed the application by the group after allowing the preliminary objection raised by the Registrar of Societies.
The group had sought a certiorari order to quash the RoS decision as announced through a media statement on March 5 to grant Umno an extension for its party elections until April 19, 2019, which exceeded the maximum period.
They further sought a mandamus to compel the RoS to provisionally dissolve Umno and for it to suspend all Umno activities pending disposal of the judicial review, plus also a declaration that Umno was illegal effective last April 20. — Bernama