Kuala Lumpur, June 14 – Which way will it go? That is the question lingering in the minds of MIC leaders and grassroots across the country now as they wait for the Kuala Lumpur High Court decision tomorrow in respect of the Judicial review application filed by a group of MIC leaders led by party President Dato Seri G.Palanivel himself.
The KL High Court is expected to pronounce the judgment tomorrow at 11.00 am.
Appeal to Court of Appeal is certain
Whatever the decision, the matter is certain to go to Court of Appeal for further appeal.
While Palanivel faction’s motive is to delay the election as late as possible, the Registrar of Societies (ROS) is determined to prove what they did was within the law and for the good of MIC.
So, if the decision favours ROS and endorses their directives as correct and within the purview of the law then the party must conduct the elections at all levels. This is something which Palanivel has been fighting to avoid at all costs, although he has declared on several occasions that he is prepared for the Presidential challenge.
MIC sources said Palanivel’s popularity is at its lowest ebb now given the criticisms of his leadership and the manner he has handled the ROS related problems. It would be extremely an uphill task for Palanivel to retain his Presidency from the challenge mounted by Deputy President Datuk Seri Dr Subramaniam.
So the only way to avoid a challenge to his presidency is to appeal on the decision tomorrow which may delay the legal process for at least another 3 months.
If the High Court accepts Palanivel’s arguments tomorrow then the ROS letters will be invalidated by way of Judicial review and the party elections held in 2013 will be declared valid, putting the 2013 CWC back on its feet.
In such a scenario ROS is expected to appeal against the decision and may ask for a stay of the KL High Court decision pending the outcome of the appeal to the Court of Appeal.
Therefore, whichever way the decision goes tomorrow, the legal tussle which has engulfed MIC, is set to continue for a further period until the final decision is handed down by the Court of Appeal.
There were speculations that Prime Minister Najib Tun Razak will intervene once again in MIC to bring about a peace formula between the warring factions to put the party back on proper track but hopes for such a move have been dashed given Najib’s own problems relating 1MDB and the continuing attacks by former Prime Minister Tun Mahathir.
-R.Mutharasan
