KUALA LUMPUR, April 26 — The Barisan Nasional (BN) coalition will still be able to contest in GE14 even if its component party Umno is declared illegal, the party’s lawyer said today.
Datuk Mohd Hafarizam Harun, who is representing Umno in a lawsuit here, said that BN is a registered society with its own registration number and with 13 component parties including Umno.
“So whether Umno gets declared illegal or not will not have even a slightest iota of bearing to Barisan Nasional contesting,” he told reporters at the High Court in Kuala Lumpur today.
He said BN, instead of Umno, will be nominating its election candidates this Saturday, and that the watikah or appointment letters that candidates will bring will be signed by the BN chairman.
“So this issue, this polemic about Umno not allowed to contest does not arise, because Umno is not going to contest this coming Saturday.
“Barisan Nasional is a separate entity altogether from Umno and it is Barisan Nasional candidates who are contesting,” he told reporters at the High Court in Kuala Lumpur today.
He cited the example in 1987 when the courts declared Umno illegal, noting that Tun Dr Mahathir Mohamad had then remained as prime minister and that all other ministers kept their posts, while Umno Baru was formed.
“If one member is deregistered, the rest of the members can still form the Barisan Nasional coalition leadership,” he later added.
Responding to a question on whether Umno president Datuk Seri Najib Razak can still sign the BN election candidates’ appointment letters as BN chairman even if Umno is deregistered, Hafarizam cited the BN constitution.
“If you check the BN constitution, nowhere does it mention expressly that the chairman of Barisan Nasional is the president of Umno. Because BN coalition operates on consensus basis, one assumes why you become the chairman of BN by the number of seats you have in Parliament,” he said.
Umno had sought to attend the hearing today of 16 former party members’ bid to have the High Court hear their lawsuit to declare the party illegal.
Last Friday, then Seri Merpati Pandan Indah Umno branch chief Salihudin Ahmad Khalid and 15 other then Umno members filed for judicial review against the Registrar of Societies (RoS) and Umno executive secretary Datuk Ab Rauf Yusoh.
The 16 had sought for several court orders, including the quashing of RoS’ approval for the extension of time for Umno’s party elections.
They also sought for a court order to compel the RoS to probe all complaints made by party members regarding the legitimacy of Umno, as well as a court order to compel RoS to issue a notice to temporarily suspend Umno’s operations and activities until the end of this lawsuit.
They also sought for court declarations that all Umno branches are automatically dissolved and without valid legal powers for any political activities since March 1, and that all Umno divisions and Umno supreme council were also automatically dissolved since April 20.
They also wanted the courts to declare Umno invalid and have the party dissolved since April 20.
High Court judge Datuk Kamaludin Md Said will decide tomorrow if the 16 individuals’ lawsuit seeking Umno’s deregistration can go on.
