FMT:
AG opposes Zuraida’s suit to be declared PBM president
Federal counsel says High Court has no jurisdiction to hear the matter due to an ouster clause in Section 18C of the Societies Act 1966.
Zuraida Kamaruddin claims that during PBM’s general assembly in October last year, Larry Sng announced a leadership transition which would see her take over as party president.
KUALA LUMPUR: The attorney-general (AG) is objecting to Zuraida Kamaruddin’s application for leave to commence judicial review proceedings against the Registrar of Societies (RoS).
Zuraida is seeking a court declaration that she is the rightful president of Parti Bangsa Malaysia (PBM).
Federal counsel M Kogilambigai told the High Court today the dispute in PBM was an internal matter for the parties to resolve.
“The court has no jurisdiction to hear the matter due to the ouster clause in Section 18C of the Societies Act 1966,” she told Justice Amarjeet Singh.
Lawyer Ashmeer Ashrof, appearing for Zuraida, claimed that the dispute had been settled, as was notified to the RoS on Oct 22 last year.
“However, the Ros did not recognise her as the party president,” he said.
Amarjeet instructed Ashmeer to file further submissions to address the matter.
He then fixed May 11 for further clarification and to possibly deliver his ruling.
Judicial review applications are filed by aggrieved parties to challenge the decision-making process of public authorities for potential breaches of the rules of natural justice, the written law and the constitution.
Under the Rules of Court 2012, an aggrieved party must get leave from the High Court before a complaint can be heard on its merits.
A copy of the leave application must be sent to the Attorney-General’s Chambers.
The AG, as the guardian of public interest, may object to the application.
Zuraida, 65, filed the application through Messrs Ashmeer Ashrof on March 24, naming the RoS as the sole respondent.
The former minister and Ampang MP is seeking several declarations, including that a decision by the RoS to maintain Julau MP Larry Sng as party president was invalid and unreasonable.
She also sought a mandamus order to compel the RoS to acknowledge and register her as PBM president effective from Oct 7 last year.
In her affidavit in support, Zuraida claimed that during the party’s general assembly on Oct 1 last year, Sng made a statement agreeing to a leadership transition which would see her take over as party president.
She also said she received a letter from PBM dated Oct 15 stating that the party had informed RoS about her appointment as president.
She claimed, however, that she subsequently received a letter from PBM on Dec 19, in which Sng “self-declared” himself as party president, suspended her membership, and directed her to show cause within seven days.
She said the reason given was that she had questioned Sng’s presidency and confused other party members by getting them to issue a joint statement declaring that she was the rightful PBM president.
Zuraida claimed that Sng’s action was invalid as the provision he used to suspend her membership could only be exercised by the party president.
She said she did not respond to the letter as she deemed his actions to be in violation of the party’s constitution.
She also contended that the failure or neglect on the part of the RoS had enabled PBM to unconstitutionally expel her, which “directly caused aggravated damage to her image and political career”.
Zuraida left Bersatu in May last year to join the newly formed PBM. She had joined Bersatu after being sacked from PKR in the wake of the Sheraton Move in 2020.
She stood under the PBM ticket in a bid to defend her Ampang seat in the last general election but lost to PKR’s Rodziah Ismail in a nine-cornered fight.
In December, Zuraida was sacked by PBM along with 10 others after they failed to respond to the show cause letters.
KUALA LUMPUR: The attorney-general (AG) is objecting to Zuraida Kamaruddin’s application for leave to commence judicial review proceedings against the Registrar of Societies (RoS).
Zuraida is seeking a court declaration that she is the rightful president of Parti Bangsa Malaysia (PBM).
Federal counsel M Kogilambigai told the High Court today the dispute in PBM was an internal matter for the parties to resolve.
“The court has no jurisdiction to hear the matter due to the ouster clause in Section 18C of the Societies Act 1966,” she told Justice Amarjeet Singh.
Lawyer Ashmeer Ashrof, appearing for Zuraida, claimed that the dispute had been settled, as was notified to the RoS on Oct 22 last year.
“However, the Ros did not recognise her as the party president,” he said.
Amarjeet instructed Ashmeer to file further submissions to address the matter.
He then fixed May 11 for further clarification and to possibly deliver his ruling.
Judicial review applications are filed by aggrieved parties to challenge the decision-making process of public authorities for potential breaches of the rules of natural justice, the written law and the constitution.
Under the Rules of Court 2012, an aggrieved party must get leave from the High Court before a complaint can be heard on its merits.
A copy of the leave application must be sent to the Attorney-General’s Chambers.
The AG, as the guardian of public interest, may object to the application.
Zuraida, 65, filed the application through Messrs Ashmeer Ashrof on March 24, naming the RoS as the sole respondent.
The former minister and Ampang MP is seeking several declarations, including that a decision by the RoS to maintain Julau MP Larry Sng as party president was invalid and unreasonable.
She also sought a mandamus order to compel the RoS to acknowledge and register her as PBM president effective from Oct 7 last year.
In her affidavit in support, Zuraida claimed that during the party’s general assembly on Oct 1 last year, Sng made a statement agreeing to a leadership transition which would see her take over as party president.
She also said she received a letter from PBM dated Oct 15 stating that the party had informed RoS about her appointment as president.
She claimed, however, that she subsequently received a letter from PBM on Dec 19, in which Sng “self-declared” himself as party president, suspended her membership, and directed her to show cause within seven days.
She said the reason given was that she had questioned Sng’s presidency and confused other party members by getting them to issue a joint statement declaring that she was the rightful PBM president.
Zuraida claimed that Sng’s action was invalid as the provision he used to suspend her membership could only be exercised by the party president.
She said she did not respond to the letter as she deemed his actions to be in violation of the party’s constitution.
She also contended that the failure or neglect on the part of the RoS had enabled PBM to unconstitutionally expel her, which “directly caused aggravated damage to her image and political career”.
Zuraida left Bersatu in May last year to join the newly formed PBM. She had joined Bersatu after being sacked from PKR in the wake of the Sheraton Move in 2020.
She stood under the PBM ticket in a bid to defend her Ampang seat in the last general election but lost to PKR’s Rodziah Ismail in a nine-cornered fight.
In December, Zuraida was sacked by PBM along with 10 others after they failed to respond to the show cause letters.
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