1. ) ELIZABETH A/P PARIYANAN 2. ) JOHNSON RAMASAMY A/L MARAN 3. ) NANTHINE A/P THIRUVENGIDAM 4. ) GUNASEKARAN A/L MARAN v 1. ) MORGUN A/L V.NADESAN 2. ) USHAH DEVI A/P RAJAMANIKAM 3. ) MANISHADEVIE A/P MANIKUMAR 4. ) SANUSHA A/P MURUGAYA 5. ) MAYA VESVANATHAN 6. ) UTHAYARAAJ A/L BALAKRISHNAN

ba-24ncvc-979-05-2025 High Court (Mahkamah Tinggi) 23 September 2025 • BA-24NCvC-979-05/2025

Catchwords

This is an originating summons filed by the Plaintiffs, who are members and former office bearers of Persatuan Jagaan Kanak-Kanak Ekliptik Klang (“the Association”), seeking declaratory and injunctive reliefs concerning the validity of their removal and the appointment of new committee members. The controversy arises from the unilateral action of the First Defendant in removing the Plaintiffs from their positions and replacing them with the Second to Sixth Defendants. Having considered the evidence and submissions, the Court is satisfied that the Plaintiffs have established serious irregularities in the removal and appointment exercise. The unilateral acts of the First Defendant in effecting changes to the Association’s committee and altering the Registrar of Societies records were unconstitutional and without lawful mandate. Such defects cannot be cured retrospectively by subsequent resolutions or adjustments. On the preliminary objection, I do not accept that this Court lacks jurisdiction. Section 16 of the Societies Act 1966 does vest the Registrar of Societies with supervisory powers, but the courts have consistently held that judicial intervention is warranted where there is a breach of a society’s constitution or denial of natural justice.

Practice Areas

This is an originating summons filed by the Plaintiffs, who are members and former office bearers of Persatuan Jagaan Kanak-Kanak Ekliptik Klang (“the Association”), seeking declaratory and injunctive reliefs concerning the validity of their removal and the appointment of new committee members. The controversy arises from the unilateral action of the First Defendant in removing the Plaintiffs from their positions and replacing them with the Second to Sixth Defendants. Having considered the evidence and submissions, the Court is satisfied that the Plaintiffs have established serious irregularities in the removal and appointment exercise. The unilateral acts of the First Defendant in effecting changes to the Association’s committee and altering the Registrar of Societies records were unconstitutional and without lawful mandate. Such defects cannot be cured retrospectively by subsequent resolutions or adjustments. On the preliminary objection, I do not accept that this Court lacks jurisdiction. Section 16 of the Societies Act 1966 does vest the Registrar of Societies with supervisory powers, but the courts have consistently held that judicial intervention is warranted where there is a breach of a society’s constitution or denial of natural justice.

Judges (1)

Anita binti Harun Delivered

Parties (10)

Elizabeth a/p Pariyanan Applicant Gunasekaran a/l Maran Applicant Johnson Ramasamy a/l Maran Applicant Manishadevie a/p Manikumar Respondent Maya Vesvanathan Respondent Morgun a/l V.nadesan Respondent Nanthine a/p Thiruvengidam Applicant Sanusha a/p Murugaya Respondent Ushah Devi a/p Rajamanikam Respondent Uthayaraaj a/l Balakrishnan Respondent

Case Significance

1. ) ELIZABETH A/P PARIYANAN 2. ) JOHNSON RAMASAMY A/L MARAN 3. ) NANTHINE A/... is a High Court (Mahkamah Tinggi) decision dated September 23, 2025 (citation: ba-24ncvc-979-05-2025). The case was decided by Anita binti Harun.

What was the outcome of 1. ) ELIZABETH A/P PARIYANAN 2. ) JOHNSON RAMASAMY A/L MARAN 3. ) NANTHINE A/...?

1. ) ELIZABETH A/P PARIYANAN 2. ) JOHNSON RAMASAMY A/L MARAN 3. ) NANTHINE A/... is a High Court decision dated September 23, 2025. The case was heard by Anita binti Harun. See the full judgment for details.