High Court throws out bid to declare Umno illegal (Updated)

KUALA LUMPUR: The High Court today dismissed a judicial review application by 16 ex-Umno members to challenge the party's legality.
The 16 ex-members dragged the party to court to challenge the decision of the Registrar of Societies (ROS) to give Umno an extension to hold its party election at all levels.
Umno has halted its party elections by postponing it twice in the past five years.
The applicants' counsel Haniff Khatri told reporters outside that he would file an appeal immediately on the decision.
In delivering the decision, High Court (Appellate and Special Powers) Judge Datuk Kamaludin Md Said said he made the order after allowing preliminary objections by the Attorney-General's Chambers, stating that this court has no jurisdiction to hear the matter because Section 18(C) of the Societies Act 1966 ousts the jurisdiction of this court from determining the matter.
"A political party's decision on the party's affairs 'shall be final and conclusive' and shall not be challenged, reviewed, questioned or quashed in any court," he said.
He said the applicants had sought to quash the decision of the ROS, which allowed an extension of time for Umno's election at all levels and a mandamus to compel ROS to provisionally dissolve Umno as well as suspend all its activities until the judicial review is completed.
The applicants had also sought a mandamus to compel ROS to carry out its duty under sections 13, 14, 16, 66 of the Societies Act 1966 to conduct investigation on the matter and to cease the legality of Umno branches and dissolution of all party divisions and the Umno Supreme Council effective April 20.
"All these arise from the dispute regarding the validity of Article 10.16 of the party's constitution in not holding the party election within the prescribed time or the extended time. To exceed the extended time is alleged to be a breach or contrary to Umno Constitution.
"Similarly, these in my view are 'decisions' of the party on any matter relating to the affairs of the party. To challenge the acts of the registrar would defeat the whole purpose of section 18(C) of the Societies Act 1966," Kamaludin stated.
Therefore, he said, he agreed with the submission of the Senior Federal Counsel that Section 18(C) excludes the jurisdiction of the courts in a matter which involves disputes between members of a political party.
The 16 applicants, who were from 11 Umno branches in six states, had named the ROS and Umno's working secretary Abdul Rauf Yusoh, in his capacity as Umno's public officer, as respondents.
All 16 were sacked immediately by Umno on April 21, a day after the suit was filed in court.
On March 5, the ROS allowed Umno to postpone its party elections to April next year, the second time it was given an extension, which the applicants claimed had violated the party constitution.