HIGH COURT MALAYA KUALA LUMPUR
WAYTHA MOORTHY PONNUSAMY – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN PERTUBUHAN MALAYSIA & ANOR – Respondent
JUDGMENT
Introduction
[1] On 30 September 2019, the Registrar of Societies ("ROS") cancelled the registration of HINDRAF, a nongovernmental organisation under s 13(1)(c)(iv) of the Societies Act 1966 for contravening provisions of the society's own constitution. (Hereinafter for brevity, all sections refer to the ). The society appealed to the Minister of Home Affairs ("the Minister") against the cancellation under s 18 of the Societies Act. On 7 August 2020, the Minister did not allow the appeal and confirmed the cancellation of the registration.
[2] The society, through its chairman, resorted to judicial review seeking an order of certiorari to quash the decision by the Minister followed by orders of mandamus compelling the Minister to allow the appeal by rejecting the decision of the ROS and an order directing the ROS to restore the registration of the society.
[3] On 29 January 2024, I dismissed the judicial review application. The reasons for my decision are as follows.
Background Facts
[4] The registration of the society was cancelled under s 13(1)(c)(iv). Under paragraph (1)(c)(iv) of s 13, the ROS is empowered to cancel the registration of a reg
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