Suffian FJ:

The Malaysian Indian Congress (hereinafter referred to as the MIC) was a lawful society duly registered under the societies Ordinance, 1949 (FN No. 28 of 1949). Its objects are principally "to safeguard and promote the political, economic, educational, cultural and social interests of Indians in Malaya (later Malaysia)" and also " to promote and maintain inter-racial goodwill and harmony" (Article 4). The national organization has its headquarters in Kuala Lumpur and is controlled by the Central Working Committee. It has branches in the different States of the country and in the States it has local branches, one of them being at Kampong Pandan, Kuala Lumpur. In 1964 the plaintiff was treasurer of the Kampong Pandan branch.

This branch held an annual general meeting on 31 May 1964 but owing to some rowdy elements this meeting was frustrated and it thus became necessary under the Constitution of the MIC for the State branch to take over the responsibilities of the Kampong Pandan branch. However, no action was taken by the State branch as required under the Constitution to collect subscriptions or to hold any annual general meeting until 1967. Towards the end of 1967 steps were taken by the State branch to put new life into the Kampong Pandan branch by renewing the membership of old members and recruiting new members.

Accordingly on 15 September 1967 the plaintiff signed an application to become a member, Exh. D 3 attached to the first defendant's affidavit dated 27 January 1968. The plaintiff was given a receipt on the same day.

On 15 October 1967 the Kampong Pandan branch held an annual general meeting and also an election of members of its committee. As it happened, the plaintiff was not elected to any office. Mr. AJ Karuppiah, the first defendant, was elected chairman and Mr. N Manickam, the second defendant, vice-chairman of the branch committee.

The plaintiff on 25 October 1967, instituted this suit suing he two defendants (sued on behalf of themselves and all other members of the branch committee). The plaintiff maintained that -

(1)the Kampong Pandan branch purportedly formed on 15 October 1967, was not formed pursuant to the provisions of article 7(1)(c)(i) of the MIC Constitution.

That provision reads:

Application for the formation of a new branch congress shall be made to the State congress by not less than 50 persons in the locality who shall sign the application."

(2)the persons or the majority of persons who attended the meeting on 15 October 1967, as members of the MIC were in fact not members because they had not been enrolled in accordance with articles 5 and 7(1)(a) of the MIC Constitution. Article 5 deals with application for membership, admission to membership, register of members, membership fees, rights of members, obligations of members, the determination of membership and disciplinary action against members.

Article 7(1)(a) provides:

Membership of the congress shall be through admission at a branch congress in the manner provided in rules (2) and (3) of article 5 of this Constitution,"

(3)persons who voted at the meeting purportedly as member were not entitled to become members under the MIC Constitution;

(4)the Kampong Pandan branch was an illegal body ultra vires the MIC Constitution because it exists contrary to article 7(1)(c)(IV) of the MIC Constitution in that the Central Working Committee has at no time given its approval to the formation of the branch or of the branch committee. Article 7(1)(c)(iv) provides: - "The new branch congress shall be established subsequent to the approval of the central working committee and to the compliance with any statutory provisions in force at the material time.

Accordingly the plaintiff asked the Court -

(1)to declare the election of the defendants and all other persons as members of the Committee of the Kampon Pandan branch on 15 October 1967, i ultra vires the MIC Constitution and therefore null and void;

(2)to declare the Kam