Raus Sharif J:

[1] This is an application by the applicants for the following relief:

(a) an order of certiorari to quash the decision of the Registrar of Societies ("ROS") dated 5 November 2002, in cancelling the registration of Parti Kebangsaan Sarawak ("SNAP");

(b) a declaration that the decision of the ROS dated 5 November 2002, in cancelling the registration of SNAP is void and of no effect;

(c) an order that damages be assessed;

(d) costs to be paid to the applicants; and

(e) such further or other relief as the court deem fit.

[2] The applicants were, at the material time, the duly elected President and Secretary-General of SNAP respectively. SNAP was registered as a political society under the Societies Act 1966 ("the Act") on 10 April 1961. Since then SNAP had been actively involved in the Malaysian political scene, particularly in the State of Sarawak.

[3] Sometime in 2002, a leadership crisis had occurred in SNAP between two groups. One group was led by the president, Dato' Amar James Wong, whilst the other group was led by the deputy president, Dato' Sri Peter Tinggom.

[4] The trouble surfaced when the deputy president, in the absent of the president, convened the Central Executive Council ("CEC") of the party on 29 May 2002. At the meeting, five additional CEC members were appointed and inter alia resolved that a National Council Meeting needed to be convened and had accordingly fixed 9 June 2002 as the date for the meeting.

[5] However, the National Council Meeting scheduled on 9 June 2002 was aborted due to the injunction taken out by the president. The president had on 7 June 2002, two days before the National Council Meeting, called and presided a CEC meeting comprising of members aligned to him. In the meeting, they condemned the CEC meeting that was called and presided by the deputy president and declared that the meeting presided by the deputy president was illegal.

[6] On 22 June 2002, the president suspended the deputy president's membership in SNAP. The suspension was confirmed by the CEC meeting aligned to the president on 27 June 2002.

[7] Meanwhile, the injunction taken by the president was set-aside on 9 June 2002. With the injunction being set aside, the National Council Meeting as proposed by the group aligned to the deputy president was held on 23 June 2002. At the National Council Meeting, the duties of the president, vice president, secretary general, deputy and assistant secretary general were suspended. The deputy president assumed the post and duties as Acting President.

[8] With above development brewing in SNAP, the ROS, on 2 July 2002 issued a notice under s. 16(1) of the Act. In the notice the ROS informed SNAP that he was of the opinion that a dispute had occurred among the office bearers of SNAP, as a result of which he is not satisfied of the identity of the persons who have been properly constituted as the office bearers of SNAP. Hence, SNAP was asked to produce evidence of a settlement of any such dispute and of a proper appointment of the lawful office bearers of SNAP or of the institution of proceedings for the settlement of such dispute.

[9] On 19 July 2002, the secretary general of SNAP ie, the second applicant, responded to the ROS's notice, stating that the president's group were the lawful office bearers of SNAP and claimed that the actions taken by the group led by the deputy president were illegal and ultra vires the party's constitution.

[10] The ROS had also received a reply from the group led by the deputy president. In the letter dated 26 July 2002, the deputy president's group defended the legitimacy of their CEC meeting as well as the National Council Meeting held on 23 June 2002 and the decisions taken at the said meetings.

[11] The ROS, by a letter dated 13 September 2002, issued another notice and this time under s. 13(2) of the Act, requiring SNAP to produce evidence of settlement of the disputes and of the proper appointment of the lawful office bearers of