KUALA LUMPUR, Oct 13 — The High Court has dismissed an application by Perikatan Nasional (PN) for an interim stay of the Registrar of Societies’ (ROS) order suspending the coalition’s activities.
However, Judge Datuk Azizan Md Arshad granted PN leave to challenge the suspension order through a judicial review.
In a brief decision, he said PN had met the threshold for leave to commence judicial review proceedings.
The hearing was held in chambers, and the court fixed next Thursday (October 22) for the inter partes application to stay the suspension order.
The ROS had issued an order suspending all PN activities effective September 23. It took action under Subsection 13(2A) of the Societies Act 1966, following a notice issued to PN on September 22.
On October 5, PN and four of its component parties filed an application for leave to commence judicial review proceedings. The first applicant was PN secretary-general Datuk Seri Takiyuddin Hassan, who was joined by Parti Gerakan Rakyat Malaysia secretary-general Wong Chia Zhen and Malaysian Indian People’s Party (MIPP) secretary-general N. Sathes Kumar.
The fourth and fifth applicants were Parti Wawasan Negara secretary-general Datuk Seri Saifuddin Abdullah and Parti Pejuang Tanahair secretary-general Datuk Sazmi Miah.
The respondents are ROS director-general Datuk Mohd Zulfikar Ahmad and Home Minister Datuk Seri Saifuddin Nasution Ismail.
In a certificate of urgency filed alongside the application through Messrs Siddiq Azani & Co, the applicants said the suspension order had prevented them from carrying out routine political activities.
These included using the coalition’s name and symbol in the 16th Melaka State Election.
Judge Azizan ordered the parties to file their affidavits by Friday (October 16), with the applicant given until Monday (October 19). Both were also ordered to submit their written submissions by Wednesday (October 21).
Lawyer Muhammad Rafique Rashid Ali, representing PN, said the legal action was taken in the interest of 687,697 registered voters in Melaka who have the right to choose candidates and parties in the upcoming state election.
“We are grateful that the court has granted us leave. The judge delivered his decision just now, saying that whether the decision is right or wrong, or if it favours any party, is something that must be argued on its merits.
"This means some issues need to be examined and argued at a much higher and more substantive level,” he said.
Rafique added that PN will return to court next Thursday to argue why the suspension order should be stayed to allow the coalition to contest the election.
“We want to convince the judge that the suspension should be stayed because we want to participate in the election.
“That is part of the democratic process, and we need time to prepare for the election,” he said.
PN lawyer Ivanpal Singh Grewal attended the in-chambers proceedings, while senior federal counsel Nurhafizza Azizan represented the respondent.
In his supporting affidavit, Takiyuddin said the Registrar of Societies (JPPM) issued the suspension order on Sept 23, which directly affected PN and prevented the coalition from carrying out its political activities.
He claimed the suspension had rendered the PN Supreme Council and other coalition organs unable to convene meetings or make decisions, including on PN’s participation in the upcoming Melaka state election.
Takiyuddin said PN could not issue statements, hold discussions, or campaign, while its officials risked prosecution if they breached the order.
In response, PN sought a certiorari order to quash the suspension order issued under Subsection 13(2A) of the Societies Act 1966, which prohibited all the coalition’s activities except those related to responding to the notice of intended deregistration.
The coalition also challenged a notice dated Sept 22, 2026, issued under Subsection 13(2) of the same Act, which stated the intention to cancel PN’s registration after 30 days.
According to the application, the notice was issued because PN had allegedly breached Article 7.1 of its constitution by deliberately failing to invite Parti Pribumi Bersatu Malaysia, a purportedly legitimate component party, to the PN Supreme Council meeting on July 16.
However, Takiyuddin argued that JPPM had no authority to determine Bersatu’s membership status within the coalition, maintaining that the matter should be resolved under PN’s own constitution.
The applicants also contended that the suspension order was issued without allowing PN to be heard and that the coalition had not been provided with Bersatu’s complaint or the documents and materials JPPM relied on in taking the action.
