ROS’ re-election order fatally flawed – MIC man
(The Malaysian Times) – A MIC veteran leader today rejected the Registrar of Societies’ (ROS) order for the party to hold fresh elections for its 23-member Central Working Committee (CWC) and three posts of vice-president, saying that there are flaws in the ROS’ report.
“I respect the ROS because it is a government agency and I am also a member of a party which forms the government.
“I would have, therefore, accepted re-election as a solution for MIC. But, unfortunately, the ROS directive has so many flaws that I have no option but to reject it,” said the party disciplinary committee chairman Tan Sri Dr K.S. Nijhar.
According to Nijhar, the flaws relate to the following issues:
(i) Compliance will result in non-compliance with other provisions in the MIC Constitution.
(ii) Compliance will result in breach of law relating to the rules of natural justice.
(iii) Compliance will result in breach of procedural law eg. no show cause letter was issued.
“I find it difficult to believe that such a letter can come out from the office of the ROS, especially after it took so many months to investigate the issues.
“I will, therefore, recommend to the MIC CWC to seek further clarification from the ROS or to appeal to the minister (Home Minister Datuk Seri Ahmad Zahid Hamidi) or to seek judicial review but not to implement the directive until these conflicting issues are settled,” Nijhar told The Malaysian Times (TMT) today.
“Implementing (ROS’ order) will result in creating other more serious issues that may be more difficult to resolve later,” he added.
The ROS last week ordered the party to hold a fresh election for the party three-vice presidency within 90 days.
ROS has also ordered the party to hold new elections for eight divisions namely Bayan Baru, Bukit Gelugor, Subang, Bandar Baru Kulim, Taiping, Tambun, Sepang and Jasin, within 60 days.
The ROS has also ordered the party to hold re-elections for Batu Kawan (deputy chairman post), Kota Raja (division chairman post), Tanjung Malim (division chairman post) and Taman Koperasi Polis (branch chairman post) within 30 days.
Two branches – Merlimau Utara and Rumah Pangsa Pekeliling Selatan – will also hold re-elections, within 30 days.
The ROS has advised the party not to hold its annual general meeting until the matter resolved.
On Friday, party president Datuk Seri G. Palanivel said the party would appeal to the ROS over the order to hold fresh elections.
Palanivel said the appeal would be made after he had held a meeting with top MIC officials, the elections committee and lawyers within 10 days.
Palanivel, who is the natural resources and environment minister, said the meeting would discuss “some uncertainties” in the ROS letter that was handed to party secretary-general A. Prakash Rao last Friday.
