Kuala Lumpur, June 15 – With the KL High Court decision today MIC President Dato Seri G.Palanivel and five others who filed the application for Judicial review may face the danger of losing their membership in MIC.
Legal experts following the MIC-ROS legal tussle closely, have indicated that the Plaintiffs Palanivel, Dato S.Sothinathan, Dato S.Balakrishnan, A.K.Ramalingam and Prakash Rao may lose their membership in MIC based on the following clause 91 of MIC Constitution:-
“….If he (a member) resorts to court proceedings in respect of his rights, obligations, duties and privileges or on behalf of any other or in respect of the rendering or meaning of the provisions of this constitution without first referring to the central working committee or in violation of any decision or directive of the Central Working Committee he shall ipso facto (by that reason or fact) cease to be a member of the congress and shall not be entitled to exercise any of the rights of a member”
Judge rules in favour of ROS…
The Judicial review application sought by Palanivel and others was dismissed with costs today by the KL High Court. Judge Datuk Asmabi Mohamad ruled that the ROS did not act beyond its powers and further ruled that it also acted within its powers by virtue of Section 16 (1) of Societies Act.
She further stressed that the ROS decisions were based on the proposals of MIC President, Datuk Seri G.Palanivel himself and he should not change his decisions after accepting them with ROS.
The Judge also agreed to the Interveners submissions that the case was brought by individuals aligned to Palanivel and that they did not have the mandate or resolution from the CWC.
The 2013 CWC is tainted with fraudulent acts and thus 2009 CWC is now considered valid, the Judge ruled.
ROS was awarded RM90,000 as costs while Intervener Senator S.A.Vigneswaran was awarded RM30,000.
Datuk M.Saravanan, another Intervener who represented 2009 CWC had informed the court through his lawyers that he didn’t want any legal costs. “As this is a case between MIC’s family members I didn’t want to accept any legal costs” Saravanan told Selliyal when asked to comment on the outcome of the case.
In an immediate response MIC Deputy President Datuk Seri Dr.S.Subramaniam called on party members to unite and urge the leaders responsible for the court case to take responsibility and accountability.
