16 UMNO Members Are Taking Their Party To Court For Breaking Its Own Rules
They are seeking the dissolution of UMNO effective today, 20 April.
By Jia Vern Tham — 20 Apr 2018, 06:14 PM
Earlier today, 16 members of United Malays National Organisation (UMNO) filed a court application with the Kuala Lumpur High Court to challenge the legal existence of the party
Free Malaysia Today (FMT) reported that this is due to UMNO having failed to hold party elections for its division and central leaderships in the last five years, which is in violation of its own constitution.
Malaysiakini reported that the 16 members come from 11 branches across six states.
This move came after Malay Mail Online (MMO) reported former UMNO deputy president Tan Sri Muhyiddin Yassin as saying that the party is going against clause 10.16 of its constitution by deferring its internal elections.
Citing clause 10.16 of the party's constitution, Muhyiddin argued that UMNO should have held party elections by yesterday, 19 April
Clause 10.16 of UMNO's constitution allows the supreme council to defer elections at the top, division, and branch levels up to 18 months from the date they are supposed to be held.
According to The Malaysian Insight (TMI), UMNO's constitution states that the party has to hold internal elections within 54 months from the last one. This combines the three years allowed in clause 9.3 with the 18-month extension from clause 10.16.
Previously, New Straits Times reported UMNO secretary-general Datuk Seri Tengku Adnan Tengku Mansor as saying that the deferral of UMNO's Supreme Council election to 19 April, 2019 is in accordance with a letter from the Registrar of Societies (RoS).
“A letter from the RoS dated 31 October 2017 (Reference: PPM / WKL251 / 88 Jld 5 (2)) addressed to the Secretary General’s office stated that the postponement of UMNO Supreme Council election - to be held by April 19, 2019 - is allowed," he said.
TMI reported that the last party elections were held on 19 October, 2013.
According to Malaysiakini, the 16 members are represented by lawyer Mohd Haniff Khatri Abdulla, who also acts for former UMNO president and current Pakatan Harapan chairman Tun Dr. Mahathir Mohamad
Malaysiakini reported that the 16 members, aged between 30 and 55, are Salihudin Ahmad Khalid, Noor Halimi Yahya, Mariam Mohd Ishak, Mohd Hafami Hanif, Saharuddin Tukiman, Azaid Jani, Normalawati Hassan, Radiana Abd Manaf, Mohd Raafeek Rahim, Nurul Hanna Mohd Suhot, Kamarul Abd Wahid, Mohd Hikamal Md Hassim, Muzamzamir Abd Wahab, Norizam Jamaludin, Rohani Ahmad, and Muhamad Hafizi Hashim.
"UMNO has no right to fault members over the negligence and failure of the party leadership to bring the matter to court," Haniff wrote in a Facebook post, in regards to the 16 members filing a court action to resolve the party's constitutional crisis.
Apart from seeking to quash the extension given to UMNO, the members are also looking to compel the RoS to utilise Sections 13, 14, 16, and 66 of the Societies Act to investigate UMNO regarding the issue.
Nonetheless, clause 20.7 of UMNO's constitution states that any member who brings party-related matters or membership rights to the court before adhering to party rules will have his membership revoked automatically.
Furthermore, the 16 UMNO members also sought for de-registration of the party once the RoS completes its investigations, and to compel the Registrar to issue a notice for provisional and permanent dissolution of UMNO
Malaysiakini reported that the members are seeking to compel the RoS to issue a notice under Section 14(2) and 14(5) of the Societies Act for provisional and permanent dissolution of UMNO.
They also want the RoS to suspend all party activities until the judicial review is disposed.
The members are seeking a declaration to cease the legality of all UMNO branches, and dissolution of all party divisions and the UMNO supreme council effective today, 20 April.
They are also seeking the dissolution of the party effective today.