Court orders Balkis to be re-instated
(Bernama) – The High Court today ordered that Balkis, the Wives of Selangor State Assemblymen and Members of Parliament Welfare and Charity Organisation, to be reinstated from the time it was de-registered by Registrar of Societies (ROS) on Feb 2009.
Balkis made the headlines after Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim alleged that there had been misappropriation of Balkis’ funds under its previous president, Datin Seri Zaharah Kechik, the wife of former Selangor menteri besar Datuk Seri Dr Mohamad Khir Toyo.
Justice Datuk Rohana Yusuf made the ruling in chambers after meeting counsel S.Selvarajah, who appeared for the applicants, and Senior Federal Counsel Datin Azizah Nawawi who acted for ROS.
The applicants were the Selangor government, Abdul Khalid’s wife Puan Sri Salbiah Tunut, Permodalan Negeri Selangor Berhad, Kumpulan Darul Ehsan Berhad, Selangor State Development Corporation, Worldwide Holdings Berhad, Selangor Industrial Corporation Sdn Bhd, Selaman Sdn Bhd, PKNS Infra Berhad and PKNS Engineering & Construction Bhd.
They filed the judicial review application against ROS to quash ROS’ decision to de-register Balkis and sought a declaration that the decision was illegal, null and void. They also sought the re-instatement of the organisation.
Selvarajah told reporters that the judge only allowed Salbiah’s application to quash the ROS decision and a mandamus order to compel ROS to re-instate the organisation on the grounds that she had substantive locus standi to apply for such an order.
“The court held that she (Salbiah) had legitimate expectation to assume office as YDP (president) of Balkis in her capacity of wife of the Menteri Besar as provided for in Balkis Constitution,” Selvarajah said.
The court rejected the other applicants application as they had no locus standi and were merely donors to the organisation, he said.
Selvarajah also said Justice Rohana held that ROS had not properly verified documentation before de-registering Balkis.
He said the judge said that the Extraordinary General Meeting (EGM) held by members of Balkis to dissolve the organisation on March 11, 2008 was invalid as there was serious defects in the meeting agenda because it did not state the meeting was called for the purpose of dissolution.
“This had prejudiced the members who were deprived of information on the purpose of the EGM,” he said.
