Court rules no jurisdiction over party matters, DAP re-election on
(The Star) – The High Court has struck off a lawsuit by Ladang Paroi DAP vice-chairman A. David Das, paving the way for the party to hold its special congress on Sunday to re-elect central executive committee (CEC) members.
The court has ordered David to pay RM5,000 in costs.
Justice Rosnaini Saub held that the court has no jurisdiction to interfere in the decision of a political party on any matter relating to its affairs.
The judge said that the Parliament in its wisdom has enacted Section 18 (c) of the Societies Act 1966 in such very clear words that the decision of a political party to be final and conclusive.
“The decision of the political party in interpretation of the party’s Constitution cannot be challenged by the court,” she told the packed courtroom which caused cheers and claps from DAP supporters.
Justice Rosnaini said that it was obvious that DAP had chosen to interpret the party’s Constitution Standing Order upon getting the directive from the Registrar of Societies to re-elect CEC members.
Justice Rosnaini said the claim by David that DAP may be deregistered if it hold a special congress to re-elect CEC members was not something for the court to speculate on.
“It is for the ROS to decide. It is not for the court to speculate for what will the ROS decision to be,” she said.
The judge also held that David’s application for an injunction to stop the CEC polls for allegedly breaching the party’s constitution was without foundation.
In his lawsuit filed on Sept 10, David has named DAP secretary-general Lim Guan Eng and the party, which was registered as a political party on March 18, 1966 as defendants.
Speaking to reporters here, Lim said that he was happy with the court ruling as it has upheld the law as stipulated in their party’s Constitution.
In his suit, David among others wanted an order demanding DAP give a 10-week notice before holding the national congress.
He also requested that a declaration that the party’s special congress notice dated Sept 4 which was issued by Lim for the appointment of CEC members be struck out.
