Kuala Lumpur, June 16 – Going by the latest developments in MIC, Deputy President Datuk Seri Dr S.Subramaniam has emerged as the Acting President of the party, according to legal sources. The Kuala Lumpur High Court decision handed down yesterday is in conformity with the earlier directives of Registrar of Societies which has now put the 2009 CWC firmly in place to lead the party.
Lawyers closely following the events unfolding in MIC are of the opinion that current party President Palanivel failed to seize several golden opportunities that were available to him to establish his lawful authority as President.
The first such chance was, when ROS issued the directive to hold the re-election for 3 Vice-presidents and 23 CWC members. If Palanivel had carried out that directive he would have remained the undisputed President as of today.
However, he went on to propose election at all levels and invited trouble to his doorsteps by even calling for the Presidential election, knowing very well that his support in the party was dwindling. Even then if he had proceeded with the branch and Presidential elections as per the second directive of ROS he had a 50:50 chance of retaining his presidency against Dr Subramaniam because of his incumbency.
The last chance available to him was the enforcement of High Court decision yesterday. “He should have abided by the High Court decision and should have immediately called for the 2009 CWC, which would have endorsed his presidential authority. The appeal process could have been a separate matter, independent of his presidential powers. However, due to some wrong-advice or for reasons best known to him, Palanivel chose to appeal and ignore the validity of 2009 CWC. But Dr Subramaniam seized the opportunity and called for the CWC meeting today, eventually declaring that Palanivel ceased to be a member as per the MIC Constitution. That virtually makes Dr Subramaniam as the Acting President of party” – one of the MIC sources pointed out.
Can Palanivel make it in Court of Appeal?
Legal counsels involved in the MIC-ROS case are of the opinion that the Judgment yesterday is precise and clear leaving little or any ambiguities, which means Palanivel faces an uphill task in asking the Court of Appeal to overthrow the High Court decision.
“The Judge said that the ROS acted within the powers accorded to them since they investigated for almost a year and further pointed out that it was Palanivel who agreed to hold elections at all levels and therefore should not now turn his back on his own decisions. The Judge even pointed out that there was no resolution from MIC’s CWC to initiate court proceedings against ROS on behalf of MIC. Furthermore, pending the outcome of the appeal to Court of Appeal Palanivel should get a stay against the High Court decision. Simply there are no convincing grounds to force the Court of Appeal to change the decision of the High Court” said a lawyer following the case.
“However there is a possibility Palanivel may get a stay of execution of the Judgment as an internal relief but there are insufficient grounds to overturn the decision finally” the lawyer further pointed out.
“Right from beginning it was a grave mistake by Palanivel to take the ROS and Home Minister to Court. Palanivel may have extended his stay by few more months because of the case but overall he lost the goodwill and cordial relationship which the ROS would have extended to him as a Minister and the president of a BN component party. Having lost that goodwill, now and forever he has to chase the ROS only in courts. Whereas, if the ROS endorses the CWC’s decisions today, the branch and Presidential elections will proceed smoothly leaving Palanivel virtually out of the party with the only option of winning the case in Court of Appeal. If he doesn’t get a stay of execution of the Judgment and win his appeal in Court of Appeal, by virtue of clause 91 of the MIC Constitution, Palanivel and 4 other leaders cease to be members of the party. That makes Dr Subramaniam as the Acting President of the party” – concluded the lawyer.
-R.Mutharasan
