PETALING JAYA, JUNE 3- The MIC central working committee (CWC) is only empowered to grant a one year extension in holding branch annual general meetings (AGMs) and failure of the 3,800 party branches to hold AGMs in the specified time would only result in them being declared defunct.
Party veteran and former secretary general G Vadivelooo (photo) said the MIC CWC does not have the powers to postpone branch, division and the MIC annual general assembly for more than a year from the three year term.
Vadiveloo, a lawyer by profession and one of those who drafted the party constitution in the early days, said Article 19.1 and 19.2 of the party constitution only allows the CWC to defer the party polls at all levels by a year and not more.
Article 19.1 states branch AGMs must be held on or before Feb 28 every year unless stated otherwise by the CWC subject to statutory provisions.
Article 19.2 meanwhile states that the Division must ensure that branches conduct their meetings on or before Feb 28 or within such extended time granted by the CWC, failing which such branch AGM must be conducted by the Division itself.
“It is therefore obvious that the words ‘unless stated otherwise by the CWC’ (mentioned in Article 19.1 of the MIC constitution) mean that the CWC is empowered only to grant an extension of holding branch elections within one year. Otherwise the branches will be deemed defunct pursuant to Article 18.1,” he said in a letter to party acting president G Palanivel last Wednesday.
Copy of the letter was furnished to FMT by sources.
The MIC CWC last week decided to start its party elections from December this year. It planned to hold branch elections in December followed by the presidential, divisional and elections for top national office bearers after that.
MIC practices a unique system where the president is picked not by divisional delegates but the 3,800 branch leaders. The party conducts its presidential elections three months before polling to pick a deputy president, three vice presidents and 23 CWC members.
The party held its last election in 2009. In that election, then president S Samy Vellu won the top post uncontested. Samy Vellu resigned from the post in 2010 and Palanivel was appointed acting president.
MIC postponed its internal election, which should have been held starting February last year, pending the 13th general election. Instead of calling for internal election this year, since the 13th GE had concluded, the MIC CWC fixed end of the year to start the election process.
Consolidating his position
Based on Vadiveloo’s arguments, the party seems to be heading for trouble with the Registrar of Societies due to its latest gaffe.
Party leaders have claimed that Palanivel was deliberately deferring the polls to strengthen his position in MIC before calling for the presidential election.
Vadiveloo also said the party constitution also states that branch and division office bearers must be elected triennially. This time frame is also applicable to the post of deputy president, three vice presidents and 23 CWC members.
“Furthermore Article 47 states that all elected members shall hold office for three years or until the next triennial elections, whichever is later. Therefore the term of deputy president, vice president and 23 CWC elected on September, 12, 2009 lapsed on September 11, 2012 and all decisions made thereafter by the CWC are invalid.
“Assuming that the decision of the CWC to postpone party elections after the 13th GE (on Jan, 2013) was made in good faith, the decision of the CWC on May 25, 2013 that the party AGM be held next year is unacceptable since its was contrary to the earlier postponement,” he said in the letter.
He said the latest decision was “tantamount to double postponement and was clearly intended to further increase the tenure of the MIC office bearers and CWC members” elected nearly four years ago.
Vadiveloo argued that there was sufficient time for the party to conduct internal polls as all levels this year and there was no need for the MIC CWC to prolong the polls.
“I would therefore urge you (Palanivel) to convene an emergency meeting of the CWC and reschedule that dates so that the general assembly can be held this year,” Vadiveloo said in the letter to the MIC chief.
