KUALA LUMPUR (March 3): The Federal Court has today dismissed the appeal by 16 former Umno members to declare the political party illegal and have it dissolved for not conducting internal party elections within the stipulated time. 

Chief Judge of Malaya Tan Sri Azahar Mohamed, who was leading the five-member Federal Court bench, said the general principle is that the court will not interfere with the internal affairs of political parties as it is the domestic concern of the parties and their members.  

Furthermore, he ruled that the dispute has become academic as Umno had already conducted party elections since the filing of the legal action.

"Two preliminary points were raised at the offset of the appeal, namely the locus standi issue and the academic point. All the issues of locus standi and the relief sought under judicial review application has become academic as raised by Respondent 2, we see merit in this argument.

"In these circumstances, based on the academic ground, we see no necessity to answer the two questions posed before us. Accordingly, we dismiss the appeal with no order of costs. We affirm the decision of the Court of Appeal," Azahar read the judgement, which was a unanimous decision. 

The other members of the bench are Federal Court judges Datuk Abdul Rahman Sebli, Datuk Seri Hasnah Mohammed Hashim, Datuk Mary Lim Thiam Suan and Datuk Rhodzariah Bujang.

The 16 former Umno members were seeking the courts' intervention over a decision made by the Registrar of Societies (ROS) to allow Umno to postpone its party elections in 2018. 

They claim that the extension, which was already the second time it was given to Umno, did not comply with Umno's own constitution. 

On April 27, 2018, the Kuala Lumpur High Court had dismissed their judicial review leave application against the ROS.

The High Court had ruled that Section 18C of the Societies Act applied, where members cannot bring party disputes to court. Later, the Court of Appeal upheld the ruling.

In their lawsuit, the 16 applicants named the ROS and Umno's working secretary Abdul Rauf Yusoh, who is being sued in his capacity as Umno's public officer, as respondents.

The 16 former Umno members are Salihudin Ahmad Khalid, Noorhalimi Yahya, Mariam Mohd Ishak, Mohd Hafami Hanif, Saharudin Tukiman, Azaid Jani, Normalawati Hassan, Radiana Abd Manaf, Mohd Rafeek Rahim, Nurul Hanna Mohd Suhot, Kamarul Abd Wahid, Mohd Hikamal Md Hassim, Muzamzamir Abd Wahab, Norizam Jamaludin, Rohani Ahmad and Muhamad Hafizi Hashim.

They have all been expelled from Umno for violating clause 20.7 of the party constitution, which stipulates that any member who goes to court over party matters would automatically lose their membership.