Published on: Wednesday, January 29, 2014
Liew filed the ex-parte application at the High Court Registry on Tuesday naming the ROS, Teo and Senator Datuk Chin Su Phin, who is now the deputy president of LDP, as first, second and third respondent, respectively.
Liew is seeking a declaration that the ROS had acted ultra vires the Societies Act to say that the purported Extraordinary General Meeting held on Oct 19 and 20, 2013 and subsequent party election were legal.
He is also seeking that the action by the ROS to issue the letter of Jan 7, 2014 to him is unlawful and null and void.
Liew also seeks an order of certiorari to remove and quash the first respondent's decision; order of mandamus to oblige the ROS to serve the notice under Section 16 of the Societies Act 1966.
He is also seeking an injunction to stop the second and third respondents from carrying out duty under the name of LDP.
"I am making this judicial review application in my capacity as the President of the LDP and until this dispute is finally resolved in court, I do not recognise the legitimacy of the purported EGM held on Oct 19 and 20, 2013 and also the results of the purported party election held during the special meeting," said Liew when met at the courthouse after filing the matter.
He said the Federal Court in a recent decision involving the Sarawak National Party (SNAP) had clearly held that ROS in not empowered to, among others, hear, determine and adjudicate any dispute that has occurred among the members or office-bearers or a political party.
"In this case, strangely ROS has decided to recognise, among others, the EGM," he said.
"In the circumstances, I am duty bound in the interest of justice as well as in the discharge of my duty as an office-bearer of a political party to seek judicial redness as I foresee that if I do not challenge the decision of the RoS in this matter, it will set a dangerous precedent for other registered societies in this country.
"It is also important that this matter be adjudicated in a court of law as it will once and for all determine all disputes in LDP so that justice can be done and more importantly, LDP can focus on serving the people.
"It will be impossible for Datuk Teo Chee Kang and Datuk Chin Su Phin to lead LDP if their positions in LDP are illegitimate.
Hence I have decided to name both Teo and Chin as respondents in the judicial review application," he said.
"I urge the party's members to remain steadfast in this just and legitimate cause.
Despite the multitude of anxieties we have gone through, I strongly believe justice shall prevail," added Liew, who was accompanied by his party members and supporters.
The application was filed through his counsel Dato Rakhbir Singh.