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2023 MarsdenLR 1148
HIGH COURT MALAYA SELANGOR
KESATUAN KEBANGSAAN PEKERJA-PEKERJA BANK & ORS – Appellant
Versus
MOHD EFFENDY ABDUL GHANI (UPCW) & ORS AND ANOTHER .... – Respondent
[Originating Summon Nos: BA-24NCvC-1263-08/2022 & BA-24NCvC-1423-08/2022]
The court emphasized that adherence to constitutional provisions is essential for the integrity of election processes within organizations, and breaches render elections null and void.
Headnote:(A) Societies Act 1966 - Sections 3A and 16 - Constitution of Malaysian Trade Union Congress (MTUC) - Allegations of breaches during the 42nd Triennial Delegates Conference (TDC) leading to claims of unconstitutionality - Court found that the TDC did not comply with constitutional provisions, rendering it null and void - Court emphasized the importance of adherence to constitutional provisions for the integrity of the election process - Plaintiffs sought declarations regarding the validity of the TDC and elections held. (Paras 5, 15, 77)
(B) Legal Principles - Courts serve to uphold compliance with organizational rules and regulations, and proper remedies must be provided for breaches - The integrity of election processes within organizations must be preserved by ensuring adherence to constitutional provisions. (Paras 2, 70)
Facts of the case:
Two suits were filed concerning the 42nd TDC of the MTUC held on 2-3 July 2022, with allegations of various constitutional breaches including improper notice periods and disqualification of delegates. (Paras 5, 15, 19)
Findings of Court:
The Court declared the TDC and all decisions made therein null and void due to violations of the MTUC Constitution, affecting the integrity of the election process. (Paras 77)
Issues: The key issues were whether the TDC was conducted in accordance with the MTUC Constitution and the implications of any breaches on the election process. (Paras 15, 49)
Ratio Decidendi: The Court ruled that adherence to constitutional provisions is critical for the integrity of elections, and violations undermine the legitimacy of the election process, justifying intervention by the Court. (Paras 70, 77)
Result: The 42nd TDC was declared null and void, along with all decisions made at the TDC, and costs were awarded in Suit 1423. (Paras 77, 79)
| Table of Content |
|---|
| 1. importance of adherence to rules (Para 1 , 2 , 3) |
| 2. overview of the suits and parties involved (Para 4 , 5 , 6 , 10 , 14) |
| 3. prayers sought by plaintiffs (Para 15 , 16 , 17) |
| 4. plaintiffs' contentions and defendants' responses (Para 19 , 38 , 40 , 41 , 42) |
| 5. relevant legal provisions and case references (Para 50 , 51 , 52 , 53) |
| 6. court's authority to intervene (Para 64 , 69 , 70) |
| 7. court's declaration regarding the tdc (Para 77) |
| 8. costs awarded in suit 1423 (Para 78 , 79) |
[1] To ensure that society at large in general and associations of individuals and entities in particular are able to function in an orderly and effectual manner, rules, by-laws and regulations are made to govern the affairs of these bodies of persons and entities. Needless to say, adherence to these rules, by-laws and regulations is essential. Members in a society or in an organisation are permitted to demand compliance with the rules, by-laws and regulations that govern them, lest there be chaos and disorder in the way society at large and the bodies of persons and entities function.
[2] Ultimately, the Courts are the sentinels of these rules, by-laws and regulations. The Courts are expected to and indeed will see to it that rules, by-laws and regulations governing the behaviour and conduct amongst members in a society or an organisation are complied with and respected. Appropriate remedies and orders will be granted and made in the event of non-compliance(s) with these precepts.
[3] In the matters before this Court, it is the responsibility of this Court to determine if indeed the clauses in the Constitution of an organisation that is registered under the Societies Act 1966 have been breached, as alleged by the parties who have commenced these proceedings.
The Parties And The Nature Of Applications
[4] There are two related Suits that were heard together. The first is Originating Summons No BA-24NCvC-1263-08/2022 ("Suit 1263"). The second is Originating Summons No BA-24NCvC-1423-08/2022 ("Suit 1423"). The hearing of both these Originating Summonses was on 24 May 2023.
[5] The Originating Summonses in both cases relate to the same issue, that is, whether the 42nd Triennial Delegates Conference ("TDC") of the Malaysian Trade Union Congress ("MTUC") held on the 2nd and 3rd of July 2022 was unconstitutional and as such null and void.
[6] In Suit 1263, filed on 2 August 2022, there were originally 16 plaintiffs, namely:
1. Kesatuan Kebangsaan Pekerja-Pekerja Bank (NUBE) ("P1");
2. Kesatuan Pekerja-Pekerja Kelab Semenanjung Malaysia (CLUBEU) ("P2");
3. Kesatuan Pekerja-Pekerja Pakaian Seragam Pos (M) Bhd (UPUS) ("P3");
4. Beverage Industry Executive Staff Union (BIESU) ("P4");
5. Kesatuan Pekerja-Pekerja Projek Lebuhraya Usahasama Bhd (KPPPLUS Bhd) ("P5");
6. Kesatuan Sekerja Industri Elektronik Wilayah Utara Semenanjung Malaysia (EIEUNR) ("P6");
7. Kesatuan Pekerja-Pekerja Perusahaan Membuat Tekstil & Pakaian Johor ("P7");
8. Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan & Kesihatan Swasta ("P8");
9. Association of Maybank Class One Officers (AMCO) ("P9");
10. National Union of Drink Industry Workers Peninsular Malaysia (NUDIW) ("P10");
11. Kesatuan Pekerja-Pekerja KTMB (RUM) ("P11");
12. National Union of Transport Equipment & Allied Industry Workers (NUTEAIW) ("P12");
13. Kesatuan Kebangsaan Pekerja-Pekerja Telekomunikasi Semenanjung Malaysia (NUTE) ("P13");
14. Kesatuan Kakitangan Am Kolej Universiti Tunku Abdul Rahman (KTAR) ("P14");
15. Kesatuan Pekerja-Pekerja Sabah Ports Sdn Bhd (KPP Sabah Port) ("P15"); and
16. Kesatuan Kebangsaan Pekerja-Pekerja Perusahaan Petroleum dan Kimia Semenanjung Malaysia (NUPCIW) ("P16").
[7] All the plaintiffs are trade unions. According to s 25(1) of the Trade Unions Act 1959 , a registered trade union may sue and be sued and be prosecuted under its registered name whilst under s 25(2) of the same Act, an unregistered trade union may be sued and prosecuted under the name by which it has been operating or
