KUALA LUMPUR, Sept 23 ― The DAP today withdrew a judicial review filed against the Registrar of Societies (RoS), after the regulator conceded that its refusal to recognise the party's central executive committee (CEC) was not legally enforceable.
DAP's lead counsel Gobind Singh Deo said the RoS agreed to the contention that the orders given in a December 6, 2013 letter issued to party secretary-general Lim Guan Eng did not amount to a legally binding directive.
“The RoS takes the position that those statements do not amount to any decision in law,” he told High Court judge Datuk Zaleha Yusof when reading out a prepared statement.
“As such, those orders are not legally binding and remain merely advice to the DAP and the RoS recognises that the DAP CEC elected on September 29, 2013 may carry out all its powers, functions and duties in the administration of the daily affairs of the DAP in accordance with the constitution of the DAP,” Gobind added.
On January 22, the DAP, through secretary-general Lim Guan Eng, filed for a judicial review to quash the decision by the RoS to withhold recognition of the party’s CEC pending completion of a probe into alleged complaints over the conduct of the party’s re-election.
The opposition party acceded to an earlier RoS directive to hold fresh elections, following complaints by party members over the validity of the results of their initial polls in December 2012.
However, the RoS also refused to accept the outcome of last year’s party re-elections, again claiming that complaints were lodged over the conduct of the party polls, but allegedly did not furnish details of the complaints when requested by the DAP.
Gobind today noted that since the RoS is not contesting the validity of the CEC re-election, it is only fair that the regulator end its probe as soon as possible.
“It’s almost been a year now. I also stated in our notes very clearly, we are always prepared to help the RoS in any way we can.
"Now it’s up to the RoS to do what needs to be done.
"While that is pending, the DAP CEC will carry on... it’s business as usual for us,” he told journalists when met outside the courtroom.
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