Kuala Lumpur, December 9 – The decision by ROS (Registrar of Societies) to declare the MIC elections held on 30th November last year as null and void has posed many legal questions and one of it is – who are the Vice Presidents of the party today?
As at the time of party elections last year there were two incumbent MIC Vice Presidents, Datuk M.Saravanan and Datuk S.K.Devamany. With the declaration by ROS that there must be re-election for the entire CWC and Vice Presidents, until such party elections takes place Saravanan and Devamany are set to continue as Vice Presidents.
The outgoing Central Working Committee elected in 2009 is also automatically reinstated, said one lawyer familiar with MIC Constitution. He was not willing to be quoted.
Clause 47 of the MIC Constitution states that the office-bearers of the Congress shall hold office for a period of 3 years or until the next triennial elections whichever is later. The last MIC elections were held in 2009 and the next triennial elections were due in 2012 but it was postponed due to General elections.
The deferred party elections were held on the 30th of November 2013. Since those fateful elections are now declared invalid by ROS, the “old” CWC and Vice Presidents are automatically reinstated into their original positions.
The old office-bearers of MIC would continue to hold office until fresh elections are held for CWC and Vice President positions as per the directive of ROS. This is because the MIC constitution allows these office-bearers to hold office until the next elections takes place.
This means that Saravanan and Devamany are the legal Vice Presidents of the party today!
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