Order sought to compelROS to register party

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Zainal (third right) with his counsel Marcel (second right) and other pro tem committee members.

KOTA KINABALU: The protem president of Parti Kerjasama Rakyat (PAKAR), Zainal Hj Nasruddin, yesterday filed an ex-parte application for leave for judicial review at the High Court here to have the party registered under Section 8 of the Societies Act 1966.

Zainal, from Kudat, who filed the application through his counsel Marcel Jude Joseph, named the Registrar of Societies ROS) as the sole respondent.

The applicant, who was accompanied by other protem committee members of the party from Tawau, Lahad Datu, Sandakan, Kalabakan, Tamparuli and other districts is seeking an order of mandamus to compel the respondent to register the party under the Societies Act.

He is also seeking a declaration that the refusal of the respondent to register the party is unlawful and ultra vires, null and void,

Zainal is further seeking damages, costs, statutory interest and any other relief deemed fit by the court.

In his affidavit in support, Zainal pointed out that the respondent is responsible for the registration and the administration of societies registered under Section 8 of the Societies Act.

He contended that as the protem president, he had on January 21, 2010 applied for registration of the party to be registered under the Societies Act 1966 dated on March 4, 2010.

However, he said on March 4, 2010, he was advised to resubmit their application for registration.

He claimed that despite numerous correspondences from him, the respondent had refused to register the party for political purposes, and it intends to participate in the 13th general election.

He further claimed that for the past three years, the respondent had refused to register and complete the registration of PAKAR although for all intents and purposes the registration papers of the party appears to be in order and without defects.

Zainal said that in his application, he will inter alia rely on Section 5, 6,7 and 8 of the Societies Act 1966.