Court dismisses MIC leaders' judicial review applications against ROS

Justice Datuk Asmabi Mohamad ruled that there was no reason for the court to interfere with RoS' decision as it was reasonable and rational pursuant to Section 16(1) and Section 18 (b)(1) of the Societies Act 1966.

The court ordered all five applicants to pay RM90,000 in costs to RoS, the Home Minister, and MIC vice-president Datuk M. Saravanan who is an intervenor in the applications.

The applicants had filed two separate applications for judicial review to challenge RoS' directive for the party to hold fresh elections.

The first application was filed on Feb 23 by MIC Central Working Committee member A.K. Ramalingam, 47, who named the RoS and its director-general Mohammad Razin Abdullah as respondents.

The second application was filed on Feb 24 by Palanivel, MIC vice-presidents Datuk S. Sothinathan and Datuk S. Balakrishnan, and former MIC secretary-general A. Prakash Rao.

They named the RoS and Home Minister as the first and second respondents, respectively.

In their application, Palanivel, Sothinathan, Balakrishnan and Prakash Rao sought, among others, a declaration that matters associated with the party elections were subject to the party's constitution and not based on Ros' views.

They sought a declaration that the outcome of the MIC election held during the party's annual general assembly on Nov 30, 2013, was valid and enforceable.

The applicants also sought an injunction to prevent the respondents from taking any action or issuing any directive against MIC until the judicial review had been disposed.