Kuala Lumpur – Two recent significant events have further entrenched Health Minister Datuk Seri Dr S.Subramaniam as the undisputed leader of MIC.
The first was the removal of Palanivel as a Minister in the recent Cabinet reshuffle announced by the Prime Minister Datuk Seri Najib Tun Razak. The removal clearly established that the Prime Minister is not with Palanivel anymore and that he is adhering to the RoS and Court decisions in recorgnising Dr Subra as the Acting President of MIC.
The removal also ended hopes of Palanivel’s supporters who believed the speculations that Palanivel is still in the good books of PM.
Recognition by the BN
The second significant event took place on Friday (14th August). The Prime Minister met the leaders of Barisan Nasional (BN) Component parties at his Putra Jaya Office and Subra was invited as the leader of MIC, sending clear signals that the BN has recognised him as the official representative of MIC.
On the same day, as the BN meeting was in progress, a group of supporters led by former MIC Strategic Director K.Ramalingam handed over a memorandum to the Prime Minister’s office urging the Prime Minister to recognize Palanivel as the MIC President and claimed that Palanivel is still the legitimate President of the party.
At around the time, Palanivel’s supporters were gathered in Putra Jaya to hand over the Memorandum to the Prime Minister’s office, the MIC’s social media went viral with a photo of Palanivel coming out from Bangsar Saravana Bavan Restaurant, with the owner of one of the leading Tamil Newspapers in the country.
With these events it is now certain that Palanivel has only about five more days to establish that he is a legitimate member of MIC and thereby still the President of MIC.
With all the political avenues closed, Palanivel has to resort to the courts now to establish whatever he wants to prove.
MIC Presidential nomination on 21st August
Come 21st August, the MIC Presidential Election Committee will receive nominations for the election of President from 4.30 pm to 6.30 pm. Some 2,900 MIC branches that have successfully completed their branch elections will nominate the 9th President of MIC and Subra is expected to win the post unanimously.
Thereafter, it will be an uphill task for Palanivel to prove anything as MIC would by then enter into its third phase of election process as directed by the RoS.
The first phase witnessed 2,900-odd MIC branches successfully completing their branch elections as of yesterday. The election of President on 21st August 2015 would be second phase and the third phase of divisional elections are expected to be completed by September.
The fourth and final phase of MIC’s election process, which is expected to take place in October, will include election of Youth and Women Wings, Putera MIC, 3 Vice–Presidents and 23 Central Working Committee Members.
5 more days for Palanivel…
MIC sources point out that although Palanivel has not exhausted his legal remedies to establish his claims, time is running out for him.
Meanwhile, Tan Sri S.Balakrishnan has filed a motion for leave of appeal to the Federal Court which is expected to be heard before 21st August. This appeal is sought against the Court of Appeal decision which affirmed the High Court decision rejecting the application for judicial review on the directives of the RoS.
If the leave is granted by the Federal Court, Balakrishnan will also have to get a stay on the Presidential nomination and election to stop Subra from being elected as the President. Lawyers following the MIC cases doubt whether the Federal Court will order a stay on the Presidential nomination and election even if they grant leave to appeal.
Injunction against MIC Presidential election?
A source close to Palanivel said that their team is embarking on a mission to get an injunction against the MIC Presidential nomination and election before the 21st of August but they only have 5 more days to achieve that.
Lawyers familiar with the on-going legal tussles in MIC, are of the opinion that once Subra is elected as the President of MIC on 21st August with the endorsement of RoS, then, any legal action pursued by Palanivel’s supporters will have to include a declaration that the election of MIC President is null and void, a mammoth task indeed unless there are concrete and convincing legal grounds.
Lawyers also point out that no such grounds are visible now. Therefore, any court decisions that Palanivel or his team may be able to obtain after 21st of August are of no effect and would merely be treated as academic, unless such decisions include a clear declaration or pronouncement by the court that the nomination and election of MIC President (scheduled on 21st August) is null and void.
-R.Mutharasan
