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10 APRIL 2024

Monday, August 12, 2013

No need to state reasons for fresh DAP polls, says ROS


The Registrar of Societies (ROS) said it does not have to state the reasons nor identify the section of the Societies Act to ask DAP to hold fresh elections for its central executive committee (CEC).

In a letter signed on behalf of the ROS, Dasmond Das Michael Das said the Societies Act 1966 does not state that the registrar needs to explain its decisions.

The letter was issued to DAP secretary-general Lim Guan Eng on Aug 7, a day before the Aidilfitri celebrations.

Dasmond said ROS came to its decision based on the provisions of the Act, and it was not based on “force or revenge”.

“If (the decision is) based on these reasons (force and revenge), ROS would have plenty of opportunities to do so,” said Dasmond in the letter issued to DAP secretary-general.

azlan“In fact, ROS has taken a humanistic approach to manage this crisis although we have been slandered many times especially during the last general election due to political reasons,” Dasmond added.

Dasmond was responding to DAP’s letter to the ROS on Aug 2, urging it to state the reasons for its decision and to state which section of the Societies Act that DAP has violated.

Dasmond also said the DAP’s statement that it has cooperated fully with ROS was “inaccurate”.

He said the DAP did not really cooperate with it to manage the allegations that its CEC elections in December last year was invalid.

“DAP is aware that the party has not provided a satisfactory clarification on why it does not need to hold fresh CEC elections,” said Dasmond.

With the letter, the ROS insisted that the DAP prioritise its need to conduct fresh elections, despite the party urging it to state reasons for its decision.
Dasmond said the DAP representatives who met the ROS during the probe often asked for postponement of meetings or to shorten the process of the probe by giving excuses that they are busy with party politics.

He added that DAP also often delayed sending necessary information or did not prepare it although they had been told to do so earlier.

On its decision to ask DAP to hold the elections, Dasmond further said it was "the best" as it reflected the demands of the party's grassroots.

He added it also reflected the DAP leadership's statement that it would fulfill its promises and implement whatever decisions announced by the ROS.

"Now the opposite has happened after ROS announced its decision," Dasmond said.

Guan Eng: ROS gone overboard

NONEIn an immediate response, Lim (left in photo) reiterated that DAP has no problems in holding fresh elections but insisted that ROS first gives the grounds for its decision and state the section of the Act the party allegedly violated.

He expressed unhappiness that the ROS had failed to respond or address the issues that the party raised in its Aug 2 letter.

In the letter, Lim pointed out that Section 16(1) or 16(2) of the Societies Act clearly does not allow ROS to instruct a party to hold fresh elections.

"Therefore ROS has gone overboard and not enforceable according to law.

"Principles of law like reasonableness in the exercise of powers, natural justice and due legal process must be respected and cannot be ignored," Lim said at a press conference in Komtar he, as stated in his letter to ROS.

Lim was also disappointed that the ROS had not responded to his offer to meet with its officials after the Hari Raya break.

He further decried that ROS practised “double standards” by acting so swiftly against the party when it has yet to make a decision on BN component party SUPP, in which its 2011 elections is being questioned.

"ROS has just made a political statement without addressing our concerns. If they do not accept our clarification, what about our corrected results which has been approved by a certified international auditor?

"They are acting like kings, not as professional government officers," Lim quipped.

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