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PUTRAJAYA: The Court of Appeal here yesterday dismissed an appeal by 16 form Umno members against a High Court's refusal of their application to challenge the legality of the party.
Justice Datuk Dr. Badariah Sahamid, chairing a three-member bench, upheld the Kuala Lumpur High Court's ruling which denied the group's application for judicial review after the panel found that it was no reason to interfere in the High Court's findings.
"Therefore, we uphold the decision of the High Court which allowed the preliminary objection raised by the respondent. Judith Badariah, who has heard the appeal of Judith Datuk Kamardin Hashim and Datuk Zabariah Mohd Yusof.
She said after the panel looked at the landmark decisions on the Semenyih Jaya Sdn Bhd and Mr. Indira Gandhi cases on the jurisdiction of the appellants, the court was of the view that the facts and the point of law were very different from today's appeal.
Mohamed Haniff Khatri Abdulla, who represented the 16 appellants, and senior federal counsel Shamsul Bolhassan, acting for the Registrar of Societies (RoS), who was the respondent.
On April 27, 2018, the High Court dismissed the leave application for judicial review filed by the group after the first objection raised by RoS.
They were Salihudin Ahmad Khalid, Noorhalimi Yahya, Mariam Mohd Ishak, Mohd Hafami Hanif, Saharudin Tukiman, Azaid Jani, Normalawati Hassan, Radiana Abd Manaf, Mohd Rafeek Rahim, Nurul Hanna Mohd Suhot, Kamarul Abd Wahid, Mohd Hikamal Md Hassim, Muzamzamir Abd Wahab, Norizam Jamaludin, Rohani Ahmad and Muhammad Hafizi Hashim.
In the application, they had sought a certiorari order RoS 'decision as announced through a media statement dated March 5, 2018, to grant Umno an extension for its party elections until April 19, 2019, which exceeded the maximum period.
They have been asked more about the provisions of the RoS to provisionally dissolve Umno and for RoS to suspend all activities.
They also wanted a declaration that Umno was illegal effective April 20, this year. – Bernama
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