Justice Wan Ahmad Farid Wan Salleh found that the impugned decision had contravened the doctrine of proportionality, which is well-established in administrative law as decided by a 1997 Federal Court ruling.

Wan Ahmad Farid said that even assuming the association did not comply with its constitution and the Societies Act 1966, the decision to deregister was ultimately disproportionate.

He said this was the first time the association’s office-bearers had committed a breach in its 30-year-long history.

“There was also no element of dishonesty or abuse of funds in the non-compliance,” he said in granting an order of certiorari to quash the decision yesterday.

Wan Ahmad Farid said the executive could and ought to have given time for the association’s office-bearers to rectify the non-compliance but decided to resort to drastic action instead.

He also granted an order of certiorari to quash the Registrar of Societies’s (RoS) decision to blacklist the office-bearers from forming any society or becoming executive council members of existing societies.

Nine individuals representing the association filed the application for judicial review, naming the home minister and the RoS as respondents.

RoS deregistered the association on Sept 15, 2020, and the decision was upheld by the home minister two years later.

Among the reasons for the deregistration were a failure to organise monthly executive council meetings and the 2019 annual general meeting, as well as the use of flags, symbols and badges in materials without the consent of RoS.

Counsel Lim Wei Jiet appeared for the association while senior federal counsel Wan Shahida Wan Omar represented the government.