PERSATUAN KATHOLIC SANTA MARIAM (ST. MARY'S CATHOLIC SOCIETY) v AMBROSE SAMINATHAN
Catchwords
Conclusion [43] The episodes that had transpired leading up to this litigation revealed a breakdown in internal communication and collective decision-making within the Society. It showed that decisions and actions were not made with the Society’s best interests in the forefront, although, in the concerned individual’s respective minds, the words exchanged and actions taken were sworn to be for the benefit of the Society. Yet procedural adherence - the very essence of lawful governance - was compromised. Sections of the Society’s constitution was cited to support their respective arguments for their actions, but the Society’s Constitution must be read, understood and applied holistically, to the intention and spirit of the provisions. [44] Ultimately, when an organisation acts beyond its constitutional boundaries, it is incumbent upon the Court to intervene - not to manage its affairs, but to uphold the rule of law and ensure that decisions are made according to the constitutionally prescribed process. Where the internal organs of an organisation acted beyond the scope of their constitutional authority, it falls to the Court, as guardian of legality and due process, to administer justice. See A Ravindran a/l Aruchunan v Nagappan a/l Athiyan Chetty [2001] 5 MLJ 699. [45] Accordingly, the Society’s OS is dismissed. The Defendant remains the duly elected Honorary Secretary until the next AGM, at which members may determine otherwise in accordance with the Society’s constitution. In consideration of costs, this Court took into account all aggravating and mitigating factors including the conduct of the EXCO and the Defendant.
Judges (1)
Judgment
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