Suit by four against DAP election dismissed

KUALA LUMPUR: The High Court here struck out the application by four DAP members to declare the party's election during the national congress on Sept 29, 2013 as null and void.
In the judgment, Judge Vazeer Alam Mydin Meera said the application by Tay Kok Beng, Tan Kim Seng, Law Theng Hooi and Wong Yu Liuh was an abuse of the court process.
Vazeer ruled that disputes brought by political party members were beyond the jurisdiction of the courts due to Section 18(c) of the Societies Act 1966.
He said only the Registrar of Societies (RoS) had the power to direct disputing party members to settle their issues.
"I am mindful of the fact that the summary power of the court to strike out an action must be exercised only in plain and obvious cases. I am fully satisfied that the present action is unsustainable and ought to be struck out with costs, at RM10,000," he said.
Vazeer said he agreed with the submissions by counsel Gobind Singh Deo, representing DAP secretary-general Lim Guan Eng and 18 other defendants, that the decision of the central executive committee (CEC) of 2008-2010 made on Aug 22, 2013 could not be challenged in court.
The suit was filed on Feb 23, this year and besides Lim, who is also Penang chief minister, the other 18 defendants named in the suit included Ipoh Barat MP M. Kulasegaran, Gelang Patah MP Lim Kit Siang and Seputeh MP Teresa Kok, who won CEC seats in the election.
In their statement of claim, the plaintiffs stated that the result of the CEC election on Sept 29, 2013 was void as the election was not held in accordance with the party's constitution.
They claimed the election was void as there were ambiguity and confusion on the existence of 120 additional party branches between Dec 15, 2012 and Sept 23, 2013 because they were never approved by the RoS.
The plaintiffs were seeking a declaration that the CEC election on that day was null and void and not carried out in accordance with the law, as well as for a new CEC election be held. – Bernama