KUALA LUMPUR: Bersih 2.0 chairperson Maria Chin Abdullah (pix) failed in her bid to strike out a charge for failing to inform the police chief, prior to the Bersih 4.0 assembly in August last year. High Court judge Datuk Mohamad Shariff Abu Samah today rejected Maria's application, saying it has "no merit". Mohamad Shariff said a hearing should be held for the charge against Maria. He said the court will not be using its "inherent power" to strike out the charge. "The court orders the prosecution and the charge (against Maria) to proceed as it (the charge) is not set aside or struck out. The court finds the application by the appellant has no merit," said Mohamad Shariff. After proceedings, Maria's lawyer Datuk S.Ambiga said Maria will appeal against the decision. Maria was also represented by lawyer Arina Ong Xin Yi. Maria, the organiser of the assembly, was charged with failing to produce or give a notice of the assembly to the police chief of the district of Brickfields, 10 days prior to the assembly. The offence was allegedly committed in front of Nu Sentral Shopping Complex, Jalan Tun Sambanthan, between 2pm and 3pm, on Aug 29, 2015. The charge is under Section 9 (1) of the Peaceful Assembly Act 2012 and is punishable under Section 9 (5) of the same act, and is liable to a maximum fine of RM10,000 upon conviction. The judge said Maria had tried to submit a notice to the Dang Wangi police chief but he refused to accept it in a meeting on Aug 17, 2015. He said this fact was not opposed by the respondent in their affidavit. However, he said Maria did not hand any notice to the Brickfields police chief for the assembly in front of Nu Sentral, where the offence was allegedly committed. He said he checked the appellant's affidavit for the notice but did not find any. The case is fixed for mention on May 6 before a Sessions Court.