Kuala Lumpur, July 5 – The Kuala Lumpur High Court will hear tomorrow the application filed by Dato Seri G.Palanivel and his team for the stay order in respect of the judgment granted on 15th of June 2015.
Lawyers following the legal battle between Palanivel and RoS predict the court has only two options. One is to reject the stay application as Palanivel has already convened the 2009 CWC meetings virtually recognising the directives of the RoS.
One of the main contentions of Palanivel is to seek an order to quash the directives of RoS as stated in their respective letters. However, since the judgment he has already followed two key components of RoS directives: first to recognize and convene 2009 CWC and secondly to conduct the party elections.
Therefore, Palanivel’s arguments for the stay order will fail miserably as he has already followed the judgment.
Palanivel’s move to suspend 15 members of 2009 CWC recognized by RoS and the Court is also an issue of mala fide (bad faith) which might work against him when the court hears the stay application tomorrow.
Whether his actions to conduct 2009 CWC meetings and call for fresh elections are legally right are totally different matters outside the purview of the stay application to be heard tomorrow.
Whether Palanivel is still a member of MIC and whether his suspension of 15 members of CWC is valid are also matters outside the purview of the court in the current case.
Stay order until July 13
Some lawyers predict that the KL High Court may take a middle ground tomorrow.
The stay order requested by Palanivel is until the disposal of his appeal to Court of Appeal and July 13 has been set as the date of hearing for that appeal.
Therefore, there is a possibility that the High Court may allow interim stay of the Judgment until July 13 because it is only a matter of 7 days in-between.
Another good reason for the Court to grant interim stay until July 13 is the fact that nominations for MIC branches have been called. Palanivel’s group has called for nominations for MIC branches to begin on 9th of July while MIC headquarters under Dr Subra has set July 10 to 12 as the dates for the nominations.
The court may have to consider this development tomorrow when they hear the stay order application.
In fact, party observers are of the opinion that Sothinathan’s announcement yesterday to bring forward the nomination dates from July 17 to July 9 is specifically to create a pleading platform for the case tomorrow. They are likely to argue that if the stay is not granted until July 13, nominations will take place before that date which may jeopardise their respective political positions in the party.
Palanivel’s membership issue
Lawyers are also of the view that whatever the outcome of the case tomorrow or by the Court of Appeal on 13 July will not affect the CWC’s interpretation of clause 91 of the MIC Constitution which has declared that Palanivel and four others have ceased to be members of MIC.
The RoS has also agreed with the interpretation of MIC’s 2009 CWC and has endorsed Dr Subra as the Acting President.
Palanivel and four others would remain as non-members of MIC irrespective of the court decision tomorrow and the Court of Appeal decision on July 13, unless they get another RoS decision or Court order to reverse the declaration on the interpretation of clause 91 of MIC Constitution.
-R.Mutharasan
