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MIC says RoS acted wrongly
Published on: Tuesday, December 16, 2014
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KUALA LUMPUR: The MIC will not have fresh elections until "conflicting issues" regarding its party polls have been resolved, says disciplinary committee member Tan Sri K.S. Nijhar.He said the Registrar of Societies' (RoS) order for the MIC to have re-elections for all key posts – except the presidency and the deputy president post – was flawed.

Nijhar said compliance with the RoS order would result in non-compliance with other provisions in the MIC constitution, breach of law relating to the rules of natural justice and breach of procedural law.

"I will, therefore, recommend to the CWC to seek further clarification from the RoS or to appeal to the Home Minister or to seek judicial review," said Nijhar.

Reacting to Nijhar's remarks, former MIC Youth leader Datuk S. A. Vigneswaran said Nijhar was trying to find fault with the RoS and delay its directive.

"If Nijhar does not believe the authenticity of the (RoS) letter, he should lodge a report. He should not question the credibility of the RoS," said Vigneswaran, who is among those who had complained about irregularities in the MIC elections.

Party President Datuk Seri G. Palanivel, returning home after a 12-day working visit to Peru, told reporters on Friday the party would appeal to the RoS.

He said the appeal would be made after he had held a meeting with top MIC officials, the elections committee and party lawyers.

Meanwhile, deputy president Datuk Seri Dr S. Subramaniam, under attack for agreeing that the party should go for fresh polls, said he announced the Registrar of Societies' decision to "calm down" party members.

He said he was responsible for making the announcement as Palanivel was abroad at the time.

"There was a need to inform members who were in a dilemma after the annual general meetings (AGMs) of the Youth, Wanita, Putera and Puteri wings had to be postponed.

"As the president was overseas, it is incumbent upon the deputy president to make the announcement and calm party members," he said in a statement here yesterday.

Dr Subramaniam said there was no question of agreeing or disagreeing with the registrar as it was merely an announcement of the contents of the RoS letter.

He said A. Prakash Rao, who received the RoS note on Dec 5, had conveyed the contents to Palanivel.

"This announcement was done with his (Palanivel's) knowledge," said Dr Subramaniam, adding that those present at his press conference on Dec 6 included vice-presidents Datuk S. Sothinathan and Datuk M. Saravanan. Also present were Prakash, treasurer-general Datuk S. Murugessan and disciplinary committee chairman Tan Sri K.S. Nijhar.

Dr Subramaniam said he had maintained that a meeting would be convened to discuss the RoS letter after Palanivel returned.

The MIC Youth and Wanita wings, as well as junior Putera and Puteri wings, have since deferred their AGMs.

Dr Subramaniam had drawn flak over his announcement of the RoS decision, with CWC member Datuk V. Subramaniam accusing the deputy president of accepting the RoS directive without question.

"We are upset with him for labelling it as a 'black day' for the MIC even before the party sought a clarification from the RoS," the CWC member, also known as Barath Maniam, said.

Defending Dr Subramaniam, fellow CWC member J. Dhinagaran said Barath Maniam was trying to seek cheap publicity, adding that the deputy party president was only carrying out his duties.

"He (Barath Maniam) seems unable to understand the issues in the party," added Dhinagaran.

Losing candidate in the CWC race Madhu Marimuthu said Barath Maniam had no right to comment as he was an involved party in the elections that were nullified.





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