Liew seeks judicial review on RoS’ decision to endorse current party’s leadership
KOTA KINABALU: Senior politician Datuk Liew Vui Keong yesterday filed a judicial review application seeking to revoke the decision made by the Registrar of Societies (RoS) in endorsing the current Liberal Democratic Party’s (LDP) leadership.
The application to invalidate the RoS ruling made on January 7, this year was filed ex-parte through Liew’s counsel, Dato’ Rakhbir Singh, at the High Court here.
Liew is naming the RoS as the first respondent, and Datuk Teo Chee Kang and Datuk Chin Su Phin as second and third respondents respectively.
In a statement to the press, Liew said that he is filing the application in his capacity as the president of LDP, and until the dispute is resolved in court, he will not recognize the legitimacy of the party’s current leaders.
He is seeking, amongst others, a declaration that the RoS had acted ultra vires the Societies Act on the ‘purported’ Extraordinary General Meeting (EGM) held on October 19 and 20, last year.
Secondly, he is claiming that the subsequent ‘illegal’ party election conducted by the opposing faction is null and void, and also that the RoS letter issued on January 7, this year as unlawful and void.
Liew is asking for an order of Certiorari to quash the decision made by the first respondent which endorses the current LDP Supreme Council line-up, with both elected and appointed council members.
In the application, Liew is also demanding an order of mandamus to oblige the RoS to serve a notice under Section 16 of the Societies Act 1966.
Apart from that, he is seeking an injunction to stop the second and third respondents from carrying out their duties as president and deputy president respectively, under the name of the party.
“It will be impossible for Datuk Teo Chee Kang and Datuk Chin Su Phin to lead LDP if their positions in LDP are illegitimate,” Liew said, stressing the importance for the matter to be settled in court.
Liew added that what he is fighting for is a just and legitimate cause whereby he feels that the RoS has acted outside their powers which, if not rectified, will set a dangerous precedent for other registered societies in the country.
“I am duty bound, in the interest of justice as well as in the discharge of my duty as an office bearer of a political party, to seek for judicial redress,” he said, adding that the matter was of public interest.
In regard to the ruling made by the RoS, Liew said he found it strange that they should recognize the EGM conducted in October, last year.
He cited the Federal Court’s recent decision, involving the Sarawak National Party (SNAP), which held that the RoS is not empowered to, amongst others, hear, determine and adjudicate any dispute that has occurred amongst political party members.
“So (with) these things we will have to bring to court and let the court decide,” Liew said.