JUDGMENT

Gan Techiong JC:

Introduction

[1] Persatuan Pendidikan Akhlak Che Huan Khor Kuala Lumpur & Selangor is registered under the Societies Act 1966. It is supposed to be a 'moral uplifting society'. Its original name in English is The Kuala Lumpur & Selangor Che Huan Khor Moral Uplifting Society ("the Society"). Unfortunately, the squabbles between some of its committee members since August 2024 have not been morally uplifting. As they were unable to settle amicably, their disagreement escalated into litigation in this Court .

[2] There was an application filed by the Respondents for an order that the Originating Summons filed by the Applicants be continued as if it were a writ action. After hearing learned counsel and reading the affidavits, I was convinced that the whole dispute pivoted on the correct interpretation of art 9.11 of the Society's constitution - and could be finally determined without having to call any witnesses.

[3] In short, I find that Article 9.11 of the Society's constitution does not confer power on the secretary of the society to call committee meetings and to remove the president and other committee members from Society's committee. It was a coup d'etat planned by the 1st Respondent, completely ignoring the provisions of the Society's constitution. Thus, I decided to allow the Applicants' prayers in the Originating Summons, which are to restore the status quo. It follows that the Respondents' application to convert the Originating Summons into a Writ action ought to be dismissed.

[4] For the avoidance of doubt, the Order issued by this Court was merely to restore the status quo and to reinstate the Applicants as the rightful committee members of the Society.

Background Facts

[5] Pursuant to its Constitution, the Society is to hold a General Election of Committee Members once every 3 years, with the latest one held on 21 May 2023, whereby the 1st Applicant and the 1st Respondent were among those elected by the members.

[6] Following a committee meeting post-election, all the 14 Applicants and 9 of the Respondents, ie except for the 10th Respondent who is the Registrar of Societies ("RoS"), are the 23 persons who formed the committee of the Society. The 1st Applicant was chosen to be the president while the 1st Respondent was chosen to be the secretary of the Society.

[7] For the purpose of considering the merits of the Applicants' application in this Originating Summons, it is unnecessary to mention the portfolio of all the committee members.

The Applicants' Submissions

[8] On 23 August 2024, the 1st Applicant had, in his capacity as the president of the Society, issued a warning letter to the 1st Respondent setting a deadline of 26 August 2024 for the 1st Respondent, as the Society's secretary, to update the latest List of Committee Members via RoS's portal known as eRoSes System and to submit the 2023 Annual Returns to RoS.

[9] In response to the said warning letter, the 1st Respondent issued an official reply letter dated 25 August 2024 in his capacity as the secretary of the Society, disputing the allegations stated in the said warning letter.

[10] The 1st Applicant also issued a Notice to convene an "Emergency Committee Meeting" to be held on 26 August 2024. This Notice was challenged by the 1st Respondent but the 1st Applicant proceeded to hold the meeting, with the support of 14 of the committee members in attendance, passing a resolution to remove Mr Ng Yew Loon (the 1st Respondent) from the position of Secretary. A second resolution to appoint Mr Lee Chong Tek (the 5th Applicant) as the new Secretary (subject to his resignation from his current position as Deputy President) was supported by 13 of the committee members in attendance.

[11] The 1st Respondent, who held the password and was able to access RoS's portal for the purpose of submitting documents and updating information about the Society, refused to accept the resolutions passed by the majority of the committee members on 26 August 2024. Instea