What legal grounds are MIC leaders using against the RoS?

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MIC Leaders Assert Party Constitution Supersedes RoS Directives in Judicial Review Challenge

MIC leaders, including party president Datuk Seri G. Palanivel, have been granted leave by the High Court to pursue a judicial review challenging the Registrar of Societies' (RoS) directive for fresh party elections. The legal challenge hinges on the assertion that the RoS order was made in bad faith and exceeded its statutory authority, while also seeking to affirm the validity of the party's existing constitution and the outcomes of previous general assemblies. The court's decision to grant leave, as reported on March 20, allows the MIC leaders to formally present their arguments against the RoS decision.
Allegations of Bad Faith and Exceeding Authority

Central to the legal challenge are the claims that the RoS decision to order fresh elections was mala fide (in bad faith) and ultra vires (beyond its powers). These legal grounds were specifically cited in an application filed by MIC central working committee member A. K. Ramalingam, who sought to nullify the RoS orders issued via letters dated December 5, 2014, and February 6, 2015. By alleging mala fide, the applicants contend that the RoS acted with improper motive or intent, rather than in the impartial execution of its duties. The assertion of ultra vires suggests that the RoS acted outside the scope of its legal authority as prescribed by relevant statutes.
Primacy of Party Constitution Over RoS Views

A key argument presented by Datuk Seri G. Palanivel and other senior MIC leaders, including vice-presidents Datuk S. Sothinathan and Datuk S. Balakrishnan, and former secretary-general A. Prakash Rao, is that matters pertaining to party elections are governed by the MIC's own constitution. They seek a declaration to this effect, asserting that the RoS's directives should not supersede the party's internal rules and constitutional framework. This stance implies a legal principle where a registered society's constitution, once approved, forms the basis of its operations, and external regulatory bodies should operate within the bounds of that framework and their own statutory mandates.
Affirmation of Previous General Assembly Outcomes

Furthermore, the MIC leaders are seeking a judicial declaration to confirm that the results of the party's annual general assembly held on November 30, 2013, are valid and legally enforceable. This aspect of the challenge aims to validate the decisions and leadership structures established at that assembly, which appear to be implicitly challenged or rendered moot by the RoS's order for new elections. By seeking this affirmation, the applicants underscore their position that the existing resolutions and outcomes from the 2013 assembly remain legitimate and binding.
Seeking an Injunction Against Further RoS Action

In addition to challenging the RoS order, the MIC leaders have also sought an injunction. This legal remedy is intended to prevent the RoS and the Minister of Home Affairs from taking any further action or issuing additional directives against the MIC until the judicial review process is fully concluded. The application for an injunction signifies a request for the court to maintain the status quo and halt any potentially prejudicial actions by the respondents while the merits of the challenge are being adjudicated, thereby safeguarding the party's internal processes during the legal proceedings.

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What legal grounds are MIC leaders using against the RoS?

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