Kuala Lumpur, March 21 – The leadership struggle in MIC has escalated further for the worst with former MIC Youth leader T.Mohan having been suspended from his membership by party President Datuk Seri G.Palanivel.
However, Mohan has hit back claiming that Palanivel has lost his membership in MIC by virtue of Clause 91 of the MIC Constitution.
“Datuk Seri G.Palanivel, had sent me a letter dated 18th March 2015 ‘apparently’ exercising powers vested on him as President of MIC, under Article 61.1 of the MIC Constitution to suspend me. In the same letter, he has also made many false allegations against me. These allegations I believe, is made without any evidence at all. I will be making a police report consequently to prove these false allegations and lies” Mohan said in a press statement released yesterday.
“ROS via their letter dated 6th February 2015, had stated and instructed MIC to hold elections for all levels, including the post of the President. This directly nullifies G.Palanivel’s position as President since then. May I also remind Datuk Seri G.Palanivel, that upon Article 91 of the MIC Constitution, he is deemed to have ceased to have his rights not only as President but also as an ordinary member of the Congress” Mohan further said.
Article 91 of the MIC Constitution states:
‘Every member shall be bound by the decision of the CWC in matters relating to rights, obligations, duties and privileges as a member of the Congress. If he resorts to court proceedings in respect of his rights, obligations, duties and privileges or on behalf of any other member or in respect of the rendering or meaning of the provisions of this Constitution without first referring to the CWC or in violation of any decision or directives of the CWC he shall ipso facto cease to be a member of the Congress and shall not be entitled to exercise any of the rights of a member. ‘
“G.Palanivel, along with 4 other persons, had filed for Judiacial Review over the directives issued by the ROS in the High Court of Malaysia without the knowledge and consent of the CWC. The directives of the ROS were issued after one year of investigations over electoral frauds and indeed found 7 irregularities and fraudulent acts in the elections held in 2013. G.Palanivel was the Election Committee Chairman then and I am one of the complainants” Mohan pointed out.
“So, falling back on Article 91 and also on the failures of G.Palanivel, it is clear that he has acted ‘ultra vires’. His actions and decisions have been taken in bad faith or ‘mala fide’. He has no rights to issue a suspension or enforce any provision under the MIC Constitution as he has ceased rights to be even a normal member. Not only that, any such actions, eg.suspensions, sackings, appointments is to be made with the consultation and approval of the current valid CWC which is the 2009 Interim CWC. Thus, I shall ignore the letter of suspension with pride and dignity and I shall continue my efforts of reforming the MIC” Mohan stated.
“I urge and advise Datuk Seri G.Palanivel and camp to stop acting like clowns in a circus, trying to divert peoples attention away from the actual issues. MIC is becoming a laughing stock due to all his failures. Please expedite steps to hold fresh elections as per the ROS directives rather than playing ‘gutter politics ‘. Its a pure waste of time” Mohan concluded in his press statement.
