The court ruled that the appointment of the Chief Scout Commissioner must comply with constitutional procedures, and failure to do so negates the locus standi of those contesting the appointment.

JUDGMENT

Amelati Parnell JC:

Introduction

[1] This is an Application by the Plaintiffs by Originating Summons (Encl 1) under s 41 of the Specific Relief Act, 1950 and O 7, 28 and 29, Rules of 2012 and the inherent jurisdiction of the Court. The Originating Summons is for the following orders:

(1) A declaration that the appointment of the 1st Defendant as the Chief Scout Commissioner of Sabah is void, unlawful and invalid as it contravenes Article VII, para 1 of the Constitution and By-Laws of the Scout Association of Malaysia, Sabah Branch;

(2) A declaration that by reason of paragraph (1) above, the position of the Chief Scout Commissioner of Sabah has become vacant and accordingly, pursuant to Article VI of the Constitution and By-Laws of the Scout Association of Malaysia, Sabah Branch, the Chief Scout of Sabah is entitled to appoint or nominate such persons as he thinks fit to be the Sabah Chief Scout Commissioner;

(3) A declaration that by reason of paragraph (2) above, the Chief Scout of Sabah had lawfully appointed the 3rd Plaintiff as the Chief Scout Commissioner of Sabah;

(4) An injunction to restrain the 1st Defendant either by himself, his employees, servants, agents and or such other persons acting for him and or on his behalf from acting as the Chief Scout Commissioner of Sabah or undertaking and discharging the duties and responsibilities as Chief Scout Commissioner of Sabah;

(5) An order that the 1st Defendant do hand over all properties, files, Accounts, documents and such other assets of the Scout Association of Malaysia - Sabah Branch to the 1st Plaintiff and the 2nd Plaintiff within 7 days from the date of this order;

(6) An order that the Plaintiffs be entitled to enter upon all properties, lands and assets of the Scout Association of Malaysia - Sabah Branch and take possession of the same for the purposes of proper and efficient administration of Scout Association of Malaysia - Sabah Branch;

(7) Cost;

(8) Any other or further relief which this Honourable Court deems fit and proper in the circumstances to grant.

[2] The parties will be collectively referred to as the Plaintiffs and Defendants unless specifically stated.

Plaintiffs' Contention

[3] The Plaintiffs' grounds in support of the orders prayed above are as follows:

(a) The 1st Defendant was appointed as the Chief Scout Commissioner of Sabah by the then Chief Scout of Sabah on 4 March 1994 and has been holding office since then for some more than 28 years now.

(b) Pursuant to Article VII of the Constitution and By-Laws of the Scout Association of Malaysia - Sabah Branch, the appointment of the Chief Scout Commissioner of Sabah is to be made by the Chief Scout of Malaysia on the recommendation of the Sabah Scout Commissioner's Council with the concurrence of the Sabah Scout Council and approved by the Chief Scout of Sabah to hold office for a period of five (5) years. It is a requirement that a warrant for the appointment of a Chief Commissioner of Sabah shall be signed by the Chief Scout of Malaysia and counter-signed by the Chief Scout of Sabah.

(c) Accordingly, the 1st Defendant's continued appointment and/or renewal was and is in breach of the Constitution and By-Laws. In this respect, the following are relevant:

(i) His appointment was in breach of Article VII, para 1 in that he has been holding office for more than 5 years;

(ii) His current warrant as Chief Scout Commissioner of Sabah has not been counter-signed by the Chief Scout of Sabah;

(iii) Since his first appointment and subsequent renewals, if at all, had not been properly endorsed by the relevant Sabah Scout Commissioner's Council and the Sabah Scout Council and approved by the Chief Scout of Sabah.

(iv) Accordingly, his appointment and/or his continued successive renewals of such appointment is clearly in breach of the Constitution and By-Laws.

Defendants' Contentions 1st Defendant

[4] In so far as the action filed against all the Defendants, the locus standi of the 1st and 3rd Plaintiffs to institute and mai