KUALA LUMPUR, Feb 4 ― The High Court here today dismissed Malaysia United Democratic Alliance’s (Muda) leave application for judicial review of the Registrar of Societies’ (RoS) decision to reject its attempt to register as a political party.
Judge Mariana Yahya ruled that the party should have exhausted its appeal process with the Home Ministry, as prescribed under the Societies Act 1966, before proceeding with court action.
The proceedings today were carried out online, with former attorney general Tan Sri Tommy Thomas acting as lead counsel for Muda while senior federal counsel Ahmad Hanir Hambaly @ Arwi represented the RoS and Home Minister Datuk Seri Hamzah Zainuddin.
Ahmad Hanir confirmed the dismissal when he met virtually with the press later.
On January 25, representatives from the Attorney General’s Chambers (AGC) objected to Muda’s application on the basis that the “remedy of appeal against the ROS’ decision to the [Home] Minister had not been exhausted’.
However, Muda lawyers had argued it would be of no use to appeal to the home minister as they claimed he has “prejudged the matter”
In its lawsuit filed on January 12, Muda via its 13 co-founders including Muar MP Syed Saddiq Syed Abdul Rahman, sought a court order to quash the home minister and RoS’ January 6 decision refusing to register Muda as a political party.
Muda also asked the court to issue a mandamus order to compel the home minister and RoS to register it as a society under the political party category within seven days from the date of the court order.
Muda additionally sought compensation from the home minister and RoS.
The 13 who filed the judicial review application were Syed Saddiq, Amir Hariri Abd Hadi, Dr Mathen Muniasupran, Dr Teo Lee Ken, Dr Thanussha Francis Xavier, Lim Wei Jiet, Luqman Long, Mohd Fakhruradzi Tajuddin, Mohd Saufy Nizar Abdul Rahman, Nur Afiqah M. Zulkifli, Shahrizal Denci, Siti Rahayu Baharin and Tarmizi Anuwar.
Apart from Ahmad Hanir, the AGC was also represented by Mohd Sabri Othman and Kogilambigai Munusamy.
