PETALING JAYA: MIC members who held a Central Working Committee (CWC) meeting on June 15 without party president Datuk Seri G. Palanivel are practising ‘double standards’, said MIC information chief L. Sivasubramaniam.
In a statement released on Thursday, he claimed the members wrongly interpreted Article 91 of the MIC constitution, which clearly stated that a member cannot appeal to the court against the CWC decision.
“The President had only sought in court, a clarification on the jurisdiction of the ROS in giving directives, which are contrary to the MIC constitution.
“It is ironic that the CWC members, who were already suspended, had not taken any action against Datuk S. A. Vigneswaran who had intervened in the same suit in the High Court. Why the double standards?"
Sivasubramaniam also said the members failed to realise that Article 14.2.2 of the MIC constitution allowed a CWC member to refer a dispute and party affairs to a forum other than what is allowed under the constitution.
“This provision does not give the same privilege to a normal member. As such, all the complainants to ROS should rightly be sacked.
“The interim CWC then declared that by virtue of Article 91, the President and the other applicants are no longer members and they appointed Datuk Seri Dr S. Subramaniam as acting President of MIC.
“The interim CWC had betrayed the party and organised a coup d'état! One must note that the interim 2009 CWC was created by RoS, it had no powers under the MIC constitution.
“It was only created to oversee the party elections. Whom and under what rules did the interim 2009 CWC give itself the right to sack and appoint anyone?” questioned Sivasubramaniam.
On Tuesday, Subramaniam said Palanivel had ceased to be a member of the party when he took the Registrar of Societies (RoS) to court without endorsement from the central working committee.
The High Court here on Monday dismissed two judicial review applications filed by four MIC leaders and its strategic director.
Palanivel, vice-presidents Datuk S. Sothinathan and Tan Sri S. Balakrishnan, former secretary-general A. Prakash Rao and its strategic director A.K. Ramalingam had filed the applications in relation to RoS directive for the party to hold fresh elections.
They were seeking a declaration that the decision of MIC’s annual general meeting on Nov 30, 2013, was valid and enforceable.
High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad had said there was no reason for the court to interfere with the RoS decision as it was not tainted by the principle of irregularities, unreasonableness and irrationality.
Justice Asmabi upheld RoS’ decision for the party to hold re-elections at all levels (branches and divisions) including the president’s post.
Earlier Tuesday, Palanivel released a statement saying he had suspended Dr Subramaniam, MIC vice-president Datuk M. Saravanan and 12 other CWC 2009 members for going against his orders and holding a meeting.
Dr Subramaniam said Palanivel's orders no longer had any effect on the party or the committee.
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