Malaysia
Court dismisses bid for injunction against DAP polls
Karpal said section 379 of the Criminal Procedure Code (CPC), which was used to appoint Datuk Seri Mohd Shafee Abdullah, is no longer applicable. u00e2u20acu201d Picture by Choo Choy May

KUALA LUMPUR, Sept 27 — The DAP today successfully struck out a bid for an injunction against its special congress scheduled for Sunday, after the High Court here agreed with the party that it did not have jurisdiction over the matter.

The decision means the party may now proceed with the congress this weekend, when it will conduct the fresh elections for its central executive committee  (CEC) ordered by the Registrar of Societies (RoS).

On Wednesday, DAP chairman Karpal Singh had argued that the High Court was not empowered to intervene in the internal matters of a political party.

The application had been filed by A. David Dass, former Ladang Paroi DAP branch chief, who claimed that the party constitution does not allow CEC polls to be held at a special congress, only at a national congress.

Today, High Court Judge Datuk Rosnaini Saub said the RoS’ role is the direct organisations to settle disputes, and should not interfere with party matters.

If the organisations do not comply with RoS’ directives, then it has the authority to deregister a society, she said in her judgment.

“It is not for the court to speculate,” she said.

The judge had also ordered the plaintiff to pay RM5,000 in costs.

Karpal told reporters outside the courtroom that the unsatisfied DAP members will now have to accept the court’s decision.

“We are going strictly by the law and that is how it should be,” he said.

Meanwhile, DAP secretary-general Lim Guan Eng said he is relieved that the court has ruled in the party’s favour.

He had also called for the resignation of RoS director-general Datuk Abdul Rahman Othman, who had asked DAP to stop the “war” in the media, against the RoS.

“I regret that RoS’ Datuk Rahman told the newspapers that we do not have the right to hold a special congress but had to hold a regular national congress.

“As the judge had said, a special congress will need a notice of seven days, a regular congress, 10 weeks and this shows that the RoS does not understand the law.

“I feel that he has shown that he does not qualify to be the RoS director general because he does not understand the law and he has attempted to carry out Barisan Nasional’s political agenda, to take revenge and victimise DAP and I think he should just resign,” Lim, who is also Penang’s chief minister said.

The fresh CEC elections, scheduled to be held at a hotel in Petaling Jaya on Sunday, follows a directive by the RoS on July 30.

The RoS issued the directive after some party members alleged that they had not been informed of the CEC elections held at the DAP national congress in Penang last December and that the polls were not conducted properly.

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