MIC’s interim CWC meeting legal, says ex-sec-gen

The MIC secretary-general called the meeting at the request of one third of the CWC members, which is proper, says veteran leader.

KUALA LUMPUR: The MIC interim central working committee 2009 meeting held yesterday is legal under the party constitution and there is no cause to suspend anyone for attending it, according to a veteran leader.

Former MIC secretary-general G. Vadiveloo also said G. Palanivel is no longer president or even a member of the party for violating the constitution.

He cited Article 56.2 of the constitution which states that the secretary-general shall call a meeting of the CWC whenever ordered to do so by the president, or upon receipt of the request in writing of at least one third of the CWC members.

“In this case, the MIC secretary-general (A. Sakthivel) called the meeting at the request of one third of CWC members. So the meeting is proper and legal,” he told Bernama.

Vadiveloo, who had been involved in making amendments to the constitution, noted that the meeting at the party headquarters was chaired by MIC deputy president Dr S. Subramaniam with 17 other CWC members attending. The committee comprises 32 members.

Palanivel suspended Dr Subramaniam, vice-president M. Saravanan and 13 others with immediate effect yesterday for attending the meeting which he said was illegal.

Vadiveloo said the president had no right to suspend anyone without consulting the CWC.

Citing Article 60.4, he said the president shall ensure that office-bearers perform the duties assigned to them.

“If default is made in the performance of such duties, the president shall take necessary action in consultation with the CWC.”

He agrees with Dr Subramaniam that Palanivel is no longer party president, and cited Article 91, which reads: “Every member shall be bound by the decision of the CWC in matters relating to his rights, obligations, duties and privileges as a member of the congress.

“If he resorts to court proceeding in respect of rights, obligations, duties and privileges or on behalf of any other member or in respect of the rendering or the meaning of the provisions of this constitution without first referring to the CWC or in violation of any decision or directive of CWC, he shall ipso facto cease to be a member of the congress and shall not be entitled to exercise any of the rights of a member.”

However, lawyer R. T. Rajasekaran insisted that Palanivel is still the president.

He said that Article 91 only applied in matters involving a CWC decision.

“But in this case, the decision (for re-elections to be held) was made by RoS (Registrar of Societies). Thus, CWC approval was not needed,” he added.

– BERNAMA