Kuala Lumpur, February 7 – The much anticipated peace formula for MIC proposed by Prime Minister Dato Seri Najib Tun Razak, after his recent meeting with Dato Seri G. Palanivel and Dato Seri Dr S.Subramaniam has not gone down well with the MIC’s rank and file.
Many, including former leaders are upset at the party leadership’s inability to solve the crisis internally and hand over the 68 year old party’s fate into the hands of Registrar of Societies (RoS).
In fact, the announcement by the Prime Minister has thrown more confusion into the already messy affair which has affected the party’s image and morale of the members.
The statement from PM’s office merely said there will be re-election for all positions but did not specify whether it will include elections for branches and divisions. Palanivel and Subra are tight-lipped about their opinions on their meeting with the Prime Minister.
Everything will only become clearer once the RoS (Registrar of Societies) issues a letter outlining their decisions. Again there is no certainty that all the parties concerned may follow the directives proposed by RoS.
Leaders move to meet branch and division leaders
Subra is said to be currently busy with his daughter’s wedding reception scheduled today and is expected to get to the ground to meet the MIC’s branch and division leaders from Monday onwards.
However, Palanivel has already started his rounds meeting branch and divisional leaders. Even before his meeting with PM, Palanivel met the branches in Johor and yesterday he met the MIC division leaders in Penang.
Now the big question looming around every branch and division leader you meet is whether there will be a re-election for branches and divisions.
Palanivel reportedly told the Penang division leaders yesterday that there will be elections for branches followed by divisions and only then the national elections will take place. He also reportedly pointed out that the whole exercise is expected to be completed by December this year.
However, the branch and division leaders are unhappy that they have to go through a re-election process because of some blunders perpetrated by the MIC leadership in conducting the party’s national elections.
They echo the same sentiments expressed by Deputy President Dr Subra that “why they should be victimised due to the wrong doing of a few specific people at the top”.
Can there be re-election for branches and divisions?
Legal experts familiar with MIC Constitution also point out that it is possible to hold elections for national positions once again but there cannot be re-election for branches and divisions until 2016.
Article 92 of the MIC Constitution clearly specifies that all office bearers of MIC “shall hold office for a period of three years from the date of such election or until next triennial…”elections.
Therefore, the elections for the branch and divisions can only be held next year and even the RoS cannot make a decision in contravention of the MIC Constitution.
If the re-election is to be held again for the branches and divisions then their respective elections in 2013 must be declared null and void by the ROS or the CWC.
Again, the RoS or the CWC cannot declare the 2013 elections null and void without any legal basis.
Any decision whether taken by RoS, CWC or even the Prime Minister must be in accordance with the MIC Constitution.
Alternatively, an extra-ordinary general assembly (EGA) can be summoned to take a vote whether the party should have an election for branches and divisions this year instead of 2016.
Even if such a decision is taken at the EGA it is questionable whether it is legal because the MIC Constitution does not provide for constitutional provisions to be amended by a vote at General Assembly or EGA. The Constitution specifies that any amendment to its provisions must be approved by the CWC first and then can only be passed by vote of majority at the next General Assembly.
Which CWC is now valid?
All these doubts bring us to the next big question – which is the CWC that will be entrusted with the conduct of the re-elections for the party? – the one elected in 2009 or the one elected in 2013?
MIC sources reveal that at the meeting with the PM the two MIC leaders have agreed that the 2013 national elections will remain null and void as declared by RoS and that the 2009 CWC would now be the recognized CWC body that will henceforth handle the affairs of the party.
In line with such expectations, the MIC’s grass roots are also waiting whether the so called letter from RoS will also answer and clarify the following questions:
- Who would be Secretary General of the party? Sakthivel, based on 2009 CWC or the newly appointed Kumar Amman?
- What will happen to the recent appointments of and removals of CWC members exercised in pursuant to the Presidential powers?
- What will happen to the subsequent appointments of new state leaders made by the President? (Eg. Removal of Saravanan as State Chairman of Wilayah Persekutuan which has been challenged)
- Which register of branches would be followed if the re-election is finally held? That of 2009 or that as at December 2014?
- What is the status of the so called “illegal branches” as claimed by former Youth leader S.A.Vigneswaran and former Treasurer-General R.Ramanan in their complaint to RoS?
Several such questions exist in the minds of the MIC’s leaders as they wait for the letter from RoS.
Finally, when the letter arrives it may pose more questions than answers for the current turmoil in the party.
-R.Mutharasan
