JUDGMENT

Wong Mee Ling J:

Introduction

[1] This is an application filed by the applicant (encl 1) for leave to file a judicial review application for a Certiorari Order to quash the respondents' decision dated 19 November 2024 and to stay all office bearers' registration till the hearing and disposal of this judicial review application.

[2] After having read the Affidavits, written submissions by the applicant and after having heard the oral submissions of the applicant, I allow encl 1.

[3] Below are my grounds of the decision.

Background

[4] The background facts in this application are gathered from the cause papers and submissions filed by the parties in chronological order.

[5] The Applicant (R1) was the Secretary of the Sri Mariamman Temple Paripalana Saba, Batu Pahat (Registration No.: PPM-004-01-240041961) (the "Temple Society")'s committee for the year 2022-2023 ("Old Committee Members"). Till date, the Old Committee Members of the Temple Society serve as the interim/caretaker committees of the Temple Society and the temple which the Temple Society manages. All temple prayers, activities and events are done under their oversight.

[6] On 27 January 2024, the Temple Society had its 49th Annual General Meeting ("AGM") at the open hall in the temple premises. The appellant and his supporters had wrongfully brought in non-members to participate in the 49th AGM to inflate their support.

[7] The Hindu Sangam official, Mr Karupiah who was invited to oversee the conducting of the committee election and a group of the Temple Society members protested against an election going on due to the involvement of non-members, amongst others.

[8] Mr Karupiah then asked the attendees as to whom wanted the election to continue, the amount of those who raised their hands for the election to continue outnumbered those who did not want it to continue due to the influx of the non-members. Mr Karupiah did not even bother filtering the members from the non-members.

[9] Without holding an election, Mr Karupiah straight away held that the Appellant's team won as more individuals wanted the election to go on.

[10] The Old Committee Members and a group of other individuals did not regard this as a valid AGM seeing as another irregularity besides the participation of non-members is that the appellant and his deputy/vice chairman candidate, Thiyagarajan were blacklisted under subpara 13(1)(c)(iv) of the Societies Act 1966 [Act 832] at the material time, which prevents them from contesting or holding any positions in a society unless they obtain the Registrar's permission in writing under s 49 of Act 832.

[11] The appellant and his team then proceeded to represent at large that they are the lawfully elected committee of the Temple Society which was never acknowledged or recognized by a large group of the members of the temple Society. A group of 54 individuals filed a civil suit in Muar High Court (Civil Suit No: JB-22NCvC-6-02/2024) to seek a declaration that the 49th AGM was null and void.

[12] The intention to initiate the suit and subsequent initiation of the suit was relayed to the 2nd and 3rd Respondents (R2 and R3) on 1 February 2024 and 8 February 2024 respectively.

[13] The Registrar of Society ("ROS") had relayed to R1 at all material times that the ROS will leave the matter of the validity of the 49th AGM to the determination of the Court .

[14] On 18 July 2024, during a Case Management before His Lordship Suria Kumar, the appellant's counsel (the appellant who is the 1st Defendant in the civil suit), produced a print-out dated 17 July 2024, with the names of the 2024-2026 Committee Members of Temple Society ("New Committee Members") registered in the ROS eroses system.

[15] Following this, His Lordship Suria Kumar directed R1 in the civil suit to get an answer from ROS on whether this is a mere update in the register or amounts to ROS deciding that the 49th AGM is valid. If ROS has made such decision then the civil suit cannot proceed.

[16] On the same day,