They have instead, asked the former MIC president to move on for the party's sake.
They want him to accept the reality (of the current situation involving the MIC) and allow the 68-year-old party to conduct a re-election and start focusing on the Indian community.
“He can either accept the (RoS) decision whole-heartedly, which he will not likely to do so; or, challenge its decision in court.
“Palanivel can challenge the legality of the decision by RoS in the court of law and apply that the court declares the RoS decision to be invalid. These two decisions are the best deals for him right now,” the dean of UUM's College of Law, Government and International Studies said today.
Yesterday, Prime Minister Datuk Seri Najib Razak had said that he accepted the decision made by the RoS concerning the MIC leadership crisis.
RoS director-general Datuk Mohammad Razin Abdullah, in a letter dated June 25 to the secretary-general of the MIC's Interim Central Working Committee for 2009, had stated that Palanivel ceased to be a member of the MIC “ipso facto” and that MIC deputy president Datuk Seri Dr S. Subramaniam would take over Palanivel's duties as acting president.
The contents of the letter was made available to the media by Dr Subramaniam in a statement on Thursday.
Ahmad Marthada added the RoS made the decision based on Article 91 of the party constitution, following a request by certain party members to RoS to ascertain the validity of the CWC.
The article states that members taking party matters to court without the CWC's endorsement lose their membership status 'ipso facto' (automatically).
“It is not RoS' fault that this issue was blown out of proportion,” stressed Ahmad Marthada.
Echoing similar sentiments was UUM Political and International Studies senior lecturer Md Shukri Shuib, who also called on Palanivel to respect the RoS decision, and urged Dr Subramaniam to steer the party towards the right direction.
“Hopefully, Palanivel and his supporters will act rationally, respecting the party's own laws and the national regulation (RoS). As a political leader, Palanivel must always put the interests and needs of the party first, before his own.
“If unhappy, please refer directly to the RoS, instead of using the media as a tool for political warfare. Settle MIC's internal issues amicably,” he advised.
Meanwhile, another expert, Associate Professor Dr Mohd Azizuddin Mohd Sani of UUM said Palanivel could appeal to the RoS and bring the matter to court to clarify if he did not accept the decision.
“What RoS did was based on their interpretation of the MIC Constitution,” noted the dean of the School of International Studies of the College of Law, Government and International Studies.
Meanwhile, R. T. Rajasekaran, however, said any interpretation of the MIC Constitution should be left only to the MIC members to decide, and that is what Palanivel has been fighting for, from day one when the crisis with ROS began.
“Giving ROS more scope than what is allowed under the Societies Act and the MIC Constitution may cause further confusion to all concerned,” he claimed.
Former MIC secretary-general Tan Sri G. Vadiveloo said Palanivel was no longer party president or even a member of the party for violating the constitution.
“Malaysia's political culture always emphasised on the need for a strong leader who can lead a party to greater heights, and brace themselves to face greater challenges. Let the party (MIC) move on,” he said.
Meanwhile, former MIC vice-president Datuk Seri S. K. Devamany urged Palanivel to respect the RoS's decision and let the recognised interim CWC to hold the re-election for the betterment of the Indian party, instead of continuing to be adamant.
Devamany, who is also a member of the RoS-recognised interim CWC stressed the MIC crisis would worsesen if Palanivel still questioned decisions by the RoS.
“The RoS letter is very clear. The decision made was based on law, rules and regulations, (and is) even based on the MIC constitution. He (Palanivel) has to accept it ,” he said today. – Bernama
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