JUDGMENT

Ong J:

This is an action of some complexity involving the interpretation of certain Rules in the Constitution of the Malayan Indian Congress and, in particular, raises the question whether the President has power to suspend a member without first giving him an opportunity of being heard. The plaintiff claims a declamation that his suspension from membership is null and void, an injunction to restrain the defendant from denying him the exercise of his rights and privileges as a member, damages and costs.

The plaintiff is a general merchant and Government contractor. Since 1947 he had been a primary and ordinary member of the Malayan Indian Congress, hereinafter referred to briefly by its initials. On 16 May 1958, he held the offices of (a) President of the Pudu Branch of the MIC, (b) an elected delegate of the said Pudu Branch to the Selangor State Congress of the MIC, (e) an elected delegate of the said Pudu Branch to the Delegates Conference of the MIC, (d) Honorary Secretary to the Selangor State Congress of the MIC, (e) a representative of the Selangor State Congress of the MIC to the Selangor State Alliance Committee, and (f) a representative of the Selangor State Con