ISSUE:

Whether the decision made by Tuan Syamsul Kiram’s, which relocated Dani’s business to another
premise because Dani refused to marry his sister can be challenged on the ground of mala fide under the
abuse of power.

LAW:

The category for this situation is under abuse of power, which is Mala Fide. Mala Fide or bad faith is
defined as the part of the decision maker vitiating a decision even though the authority acts within legal
limits of its powers. To be more specific, it can be seen as a sense of the authority implying dishonest
intention or corrupt motive or personal animosity or vendetta. Furthermore, mala fides are synonymous
with abuse of power. For example, an administrator could use his power to satisfy a private, personal
grudge or even to achieve in terms of political purpose. Thus, it is also categorized as fraud on power in
the essence of irrelevant consideration and improper purpose.

According to the case of Sadanandan v State of Kerala. The petitioner who is a businessman that deals
in wholesale Kerosene oil was detained under rule 30(1) (b) of the Defense of India Rules 1962. The case
is about the detenue, a kerosene dealer who was alleged by the Deputy Superintendent of Police with a
view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services
essential to the life of the community. The petitioner challenged the validity of the order detention as false
reports. The Deputy Superintendent in securing the preparation of these false reports was to eliminate the
petitioner from the field of wholesale business in kerosene oil in Trivandrum. With that, his relatives may
benefit and obtain the dealership. However, the officer filed the affidavit to contradict the allegations
made against him and the affidavits filed by the Home Secretary were very defective in many respects. As
a result, the court held that the order on his report had passed without itself examining the materials
against the dealer carefully, leading the court to declare the order of detention to be clearly and plainly
mala fide.

APPLICATION:

Based on the situation, where Tuan Syamsul Kiram relocated Dani’s business to another premise because
Dani refused to marry his sister is an absolutely act with mala fide intent which is abuse of power. In this
case, show that Tuan Syamsul Kiram held a grudge when Dani refused to marry his sister and because of
that issue his relocate Dani business to another premises. This issue can be referring to the case of
Sadanandan v State of Kerala, where a kerosene merchant who was accused by the Deputy
Superintendent of Police in order to prevent him from acting in a way that would jeopardize the
community's ability to maintain crucial supplies and services. Hence, applying to current situation, a
decision that is influenced by unreasonable consideration supposedly not involve in this regard matter.
The moment Dani’s refusal to marry Tuan Syamsul Kiram sister should have nothing to do with Dani’s
business. It show that Tuan Syamsul Kiram have a bad faith against him as he used to relocated Dani
business to the another premises not to a new strategic where it can provide opportunities for Dani’s
business just because Dani refuse to marry his sister. When the administrator exercising his power given
by legislation, a decision maker must have regard to relevant consideration and should not uses power to
satisfy personal grudge in this matters.

CONCLUSION:

In conclusion, the decision made by Tuan Syamsul Kiram’s, which relocated Dani’s business to another
premise because Dani refused to marry his sister can be challenged on the ground of mala fide under the
abuse of power.