6th July, 2012
KOTA KINABALU: The High Court has granted leave to a pro-tem political party hoping to contest in the 13th general election to be registered.
Parti Kerjasama Rakyat (Pakar) successfully applied for judicial review to have the party to be registered under Section 8 of the Societies Act 1966.
High Court Judicial Commissioner Lee Heng Cheong granted the application to its pro-tem president, Zainal Hj Nasruddin, who hails from Kudat, against the Registrar of Societies as the sole respondent.
The court will fix the hearing of applicant’s application within 14 days.
On April 24, Zainal filed an ex-parte application for leave for judicial review seeking an order to compel the respondent to register the party under the Societies Act.
Zainal is also seeking a declaration that the refusal of the respondent to register the party is unlawful, ultra vires and null and void.
Further, he is asking for damages, costs, statutory interest and any other relief deemed fit by the court.
In his affidavit, Zainal pointed out that the respondent is responsible for the registration and the administration of Societies registered under Section 8 of the Societies Act.
He contended that as the pro-tem president, he had on January 21, 2010 applied for the party to be registered under the Societies Act 1966. However, he said, on March 4, 2010, he was advised to re-submit their application for registration.
He claimed that despite numerous correspondences from him, the respondent refused to register the party, which is set up for political purpose and intends to participate in the 13th general election.
He added that for the past three years, the respondent has refused to register and complete the registration of the party although to all intents and purposes the registration papers of the party appear to be in order and without defect.
In the application for a judicial review, Zainal pointed out that he will, inter alia, rely on Section 5, 6a, 7 and 8 of the Societies Act 1966.
The applicant is represented by Counsel Marcel Jude Jospeh while Federal Counsel Rahazlan acted for the respondent.