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KUALA LUMPUR: Parti Pejuang Tanah Air (Pejuang) has filed a request for judicial review to force the Registrar of Companies (ROS) to decide on its registration status.
The request was filed by Pejuang Secretary General Datuk Amiruddin Hamzah through Messrs. Haidar & Co in the High Court register here on Thursday (December 10).
He named the CEO of ROS and ROS as the first and second respondents.
In the request, Pejuang wants a court declaration that the defendants ‘inaction regarding their registration status is against the defendants’ legal obligation, unreasonable and mala fide (bad intention).
He requests a mandamus order for the defendants to decide on their registration pursuant to Section 7 (1) of the Companies Act of 1966 within seven days of the date of the court ruling.
In his supporting affidavit, 58-year-old Amiruddin said that he had started an online application to register Pejuang on August 13.
On August 19, he claimed to have delivered a physical copy of the written request to ROS for the latter’s approval, which he said was also reported in the news.
He stated that on September 28 he had arranged a meeting with the CEO of ROS to get the latest update on the registry.
During the meeting, he said that ROS had suggested several amendments to Pejuang’s constitution, which were well received by the party.
He said he had delivered the amendments on October 2, but after seven working days, there was still no comment from the ROS.
On October 23, Amiruddin said that he sent a letter to the Interior Minister requesting an update on the status of the registry, as well as a clear instruction from the ministry for Pejuang to obtain a decision from the ROS, as the ROS is under the purview of the ministry.
“However, Pejuang did not receive any written comments from the ROS or the ministry,” he said.
Amiruddin said ROS’s delay has caused a disruption in Pejuang’s operation and negatively affected the party.
He said that the respondents’ action was inconsistent with Pejuang’s legitimate expectations, where respondents should have given their comments in a timely manner.
The plaintiff also seeks costs and other reparations that the court deems appropriate.
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