PETALING JAYA, MAY 22- An MIC divisional leader today rejected a call for the party to stop delaying its presidential election or risk deregistration.
Responding to an article published in FMT yesterday, Petaling Jaya Selatan MIC chief V Subramaniam said the writer was wrong in saying that the party’s Central Working Committee (CWC) had breached the law in its failure to ensure that the election be held not later than three months before the term of the current president expires.
The writer, an MIC member writing under the name Vivega, argued that the party’s constitution did not give the CWC the right to prolong the term of the president.
He questioned G Palanivel’s legitimacy as president, noting that he was only “acting president”, having taken over the position from S Samy Vellu when the latter resigned in 2010.
He warned that the Registrar of Societies could conduct investigations and deregister the party.
Subramaniam, popularly known as Barat Maniam, had a different view with regard to the CWC’s powers.
“It is wrong to say that the party constitution does not allow the CWC to delay party polls,” he said.
He cited Article 5.1 of the constitution, which reads: “The decision of the CWC shall be final and conclusive in respect of any dispute as to the interpretation, construction, rendering and/or meaning of all or any of the provisions of the constitution or of any word or words contained in such rule.”
He also cited Article 58.3, which specifies that the presidential election must be held “not later than three months before the expiry of the term of the office of the President, unless otherwise decided by the CWC.”
He said the two clauses, read together, gave the CWC arbitrary powers to make final decisions on constitutional matters.
“The CWC decided last year to postpone party polls pending the general election,” he said. “Now that it is concluded, Palanivel is taking the necessary steps to conclude all the processes.
“So it is wrong to say that Palanivel is holding the post illegitimately as his position was decided by the CWC.”
Subramaniam, who is a senator, urged observers to make sure they understand the MIC constitution before making comments pertaining to it.
“Please do not confuse MIC members and the public by misinterpreting the MIC constitution,” he said.
He called for patience among MIC members and other stakeholders, saying it was not Palanivel’s wish to delay the polls.
