Abdul Hamid J:

This is a notice of motion by the applicant/defendant asking for an order that the ex parte interlocutory injunction granted by this Court on 29 June 1971 be dissolved or set aside.

It was ordered that the applicant/defendant be restrained and prohibited until the final disposal of this suit -

(i) from persisting and continuing to claim, assume or pretend to be or act either as if he is or in the name of the chairman of the party Gerakan Rakyat Malaysia (hereinafter called "the Party" or as if he is a member of the party.

(ii) from taking any action to prepare for or convening or holding any meeting on 3 and 4 July 1971 or on any other date or dates purporting to be a Biennial Delegates' Conference of the party or to be any other conference or meeting of the party or any of its organisations.

(iii) from making any statement or utterances or issuing any Circulars as if he were the Chairman or a member of the Party.

The motion was brought in the name of Ong Boon Seong. In the affidavit it is stated that he is the Deputy Secretary-General of the Party Gerakan Rakyat Malaysia. On 14 June 1971, he was elected to act as Secretary-General of the party following the resignation of Dr. Tan Chee Khoon on 13 June 1971. Dr Syed Hussein Alatas the defendant, was the national chairman of the party since its inception in 1968. It is averred that he resigned on 13 June 1971 by a letter dated 12 June 1971, a copy of which was annexed to the affidavit. It reads

The Secretary General,

Gerakan Rakyat Malaysia.

Dear Chee Khoon,

This is to tender my resignation from the party for reasons known to you. I cannot function any more to prevent the party from going down the drain and fall into the hands of elements which do not have the interest of the down trodden at heart and which will revive an alliance type style of politics more devastating to the country than hitherto known.

If the coming delegates assembly wants me back I shall consider rejoining the party, depending how the Central Committee shall be composed.

Yours fraternally,

(Signed)

(SYED H ALATAS)"

(The tone of the letter leaves no room for any doubt as to the defendant's intention).

On 14 June 1971, the central committee of the party decided to accept the resignation of the defendant and the plaintiff in his capacity as acting secretarygeneral informed the defendant by letter dated 16 June 1971 that his resignation had been accepted The letter reads -

Dr. Syed Hussein Alatas, No. 11 Ross Avenue, Singapore.

Sdr Hussein Alatas,

I am directed by the central committee to refer to your letter of resignation from the chairmanship and the party crated 12 June 1971 and which was submitted to the central committee at its meeting on Sunday 13 June 1971 by the secretary-general Dr Tan Chee Khoon.

The central committee referred your resignation to you for reconsideration but you decided to reaffirm it.

In the circumstances the central committee has at an emergency meeting on 14 June 1971 decided to give effect to your resignation and you are therefore hereby notified that you are no longer a member or the chairman of the party.

Yours faithfully,

(Signed) (ONG BOON SEONG) A-G Secretary-General.

It is further averred that immediately after his resignation, the defendant made public statements to the press stating that he was out of the party. However, subsequently the defendant publicly claimed that he still is a member and chairman of the party. He also openly proclaimed as reported in the press, that he was calling for and preparing to hold a Biennial Delegates' Conference of the party on the 3 and 4 July 1971.

It is the plaintiff's contention that the conference, if convened, will be unconstitutional as cl. VII r. 7 of the party constitution provides that such conference can only be convened by the central committee.

The plaintiff also averred that the defendant visited party headquarters at No. 9, Jalan 55, off Jalan Templer, Petaling Jaya and made u