DAP deputy chairman Gobind Singh says RoS is duty-bound to consider the registration application as the opposition has complied with requirements.
Gobind Singh (third from left) and other PH leaders showing the application for various orders filed against the Registrar of Societies.
KUALA LUMPUR: Pakatan Harapan has filed an application for various orders against the Registrar of Societies (RoS) in a bid to compel the agency to respond to PH on its registration application.
DAP deputy chairman Gobind Singh said the order was filed by PH chief secretary Saifuddin Abdullah, DAP secretary-general Lim Guan Eng, PKR secretary-general Saifuddin Nasution, Amanah deputy secretary-general Abang Ahmad Kerdee Abang Masagus and PPBM secretary-general Shahruddin Salleh.
“It is our contention that the RoS ought to reply or respond to our filed application but there has been no response until now.
“We take the view that RoS, as a creature of statute, is duty-bound to consider applications of this nature, just like any application from political parties for their registration.
“So when an application is filed, the applicant has a legitimate expectation that RoS will consider that application and respond.
“We do not see any reason for the RoS to withhold the registration of PH.
“That is why we are seeking leave from the court for orders that the failure on the part of RoS to respond is unlawful, there are elements of mala fide, and there was no basis to reject our application,” he said when met by reporters at the lobby of Kuala Lumpur High Court on Jalan Duta.
Gobind pointed out that PH had sent a letter to RoS on Feb 6 seeking answers. However, there has been no response whatsoever from RoS.
“This can be considered mala fide.”
Feb 6 also marked the day DAP held a press conference to announce that RoS had finally accepted its central executive committee (CEC) line-up after a re-election held in November last year.
Gobind said with the opposition coalition filing this court application, RoS would be bound to respond to it.
“When an application of this nature is filed, we need to obtain leave (from the court) and subsequently it will have to respond to our application.
“When there is an affidavit filed, it will be on its part to respond. In this response, they have to explain and they do not have the liberty to remain silent,” he said.
Gobind, who is also Puchong MP, said they will apply for an early date for hearing to speed up the process.
“We will file a certificate of urgency and ask for an early date and let the court decide on the merits of the strengths of our application.”
It was previously reported that a meeting was held in November 2017, where RoS met with PH reps and informed them of two problems pertaining to the registration application by PH.
PH was told that the two problems were that the RoS did not recognise the DAP central executive committee (CEC) and that PPBM had not held its annual general meeting.
“We have since complied with their requirements and RoS has given us a letter that the DAP CEC is now accepted by them and PPBM has given them a report on their AGM that was conducted and it was not disputed by RoS.
“Going by the Societies Act, once any political party has complied with the constitutional requirements, then by operation of law they are legitimate and they exist.
“Parties then have the right to assume they are legitimate and that they are permitted to carry out their duties,” Gobind said.
The DAP national legal bureau chairman also chided RoS for its lack of professionalism in not responding to PH, saying it was not the first time it had acted in such a manner.
“In the case of the DAP CEC issue, it took them four years to respond to us. In the case of PH, there is no response at all despite us complying with them.”
The formation of PH was announced last year, comprising PKR, DAP, Amanah and PPBM. The parties are planning to contest the next general election under a common banner.
In January, the coalition named former prime minister and PPBM chairman Dr Mahathir Mohamad as its candidate for prime minister for the 14th general election.
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