Chief Judge of Malaya Tan Sri Zaharah Ibrahim, in her judgment, said PPS could not be constituted under the Local Government Act as there was no provision providing for its formation.
She said there was also nothing in the State List of the Ninth Schedule of the Federal Constitution that provided for the constitution of a voluntary association of persons such as the PPS to assist a state government in the administration of the state or the performance of its functions. "The PPS is a society under the Societies Act 1966 and that the provisions of the Act state that any association of seven or more persons, whatever may be the purpose of the association, is a society."
Justice Zaharah said Section 6 of the Societies Act required every local society to be registered before its members could take part in any activity of or on behalf of the society. In 2016, the Penang High Court dismissed the state government's judicial review, ruling that the PPS was unlawful because it was not registered under the Societies Act.
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