MIC resolutions have no legal effect, says Palanivel’s lawyer

An MIC special gathering yesterday declared that Datuk Seri G. Palanivel was no longer the party president. – The Malaysian Insider file pic, June 22, 2015.

Two resolutions passed at the MIC special gathering yesterday, including a declaration that Datuk Seri G. Palanivel is no longer the party president, is ineffective and legally not binding, lawyer J. Chandra said.

The counsel, who is representing Palanivel in a judicial review proceedings against the Registrar of Society (RoS), said his client was still the legally elected party president as he had not violated the MIC constitution.

"Leaders who are opposing Palanivel are deliberately misinterpreting the party constitution to suit their needs," he told The Malaysian Insider.

He said Article 91 of the party constitution only prevented any member from going to court and challenge the party's central working committee (CWC) on his rights, obligations, duties and privileges.

"Palanivel cannot be said to have lost his membership for taking the RoS to court," he added.

The lawyer said although the High Court dismissed Palanivel's the judicial review application, the legal battle had not come to a finality because an appeal had been made to the Court of Appeal.
  
"Palanivel's legal status is intact and the meeting had no right to announce that it would abide by the RoS to hold a re-election," he added.
 
Chandra said this in response to a faction led by suspended MIC deputy president, Datuk Seri Dr S. Subramaniam, which passed resolutions agreeing Palanivel was no longer a member of the Barisan Nasional (BN) ethnic Indian component party.

The meeting also approved another resolution that the party would abide by the RoS directive to conduct re-election and uphold the court's finding that Palanivel and four others had filed the suit against RoS in their personal capacity.

Subramaniam at the gathering at the Putra World Trade Centre said that Article 91 of the constitution was enforced because Palanivel and the four went to court without CWC's consent.

The special conference saw 2,758 branch chairmen, 95 division chairmen, 45 division coordinators and 6,000 observers and ordinary members in attendance.

Chandra said the meeting was not legally constituted as it was not an extraordinary general assembly that fulfilled the requirements in the party constitution.
  
"We do not know who came to vote the resolutions. So the outcome is ineffective and legally not binding," he added.
  
Chandra said Dr Subramaniam had been suspended last week for 12 months by the president and he had no legal standing.

"Under the constitution, Dr Subramaniam has to appeal to the CWC within 14 days to have his suspension removed," he added.

The MIC saga erupted following differences in opinion between Palanivel and Dr Subramaniam after the RoS issued a notice last December 5, directing the party to hold re-elections for the three vice-presidential and 23 CWC posts.

The RoS had nullified the elections held in November 2013 following complaints of irregularities and ordered fresh polls to be held.

Palanivel took his case to the High Court but last Monday, his two judicial review applications to quash the directive of the RoS to hold new elections were dismissed.

The court upheld the registrar’s decision for the party to hold re-elections at all levels (branches and divisions), including the president’s post.

On Monday, Palanivel issued a press statement announcing the 12-month suspensions of Dr Subramaniam and 13 others for holding a CWC meeting which he said was illegal.

The drama heightened when Dr Subramaniam terminated Palanivel's membership in that CWC meeting, which also appointed him the acting president to replace the latter.