KUALA LUMPUR, March 2 — Datuk Seri G. Palanivel had effectively sacked himself from MIC when he violated the party constitution by taking legal action against the Registrar of Societies' (RoS) order for fresh polls, a party leader said today.
Former strategic director and arch-rival S. Vell Paari said the MIC president's civil suit against the regulator was in violation of Article 91 of the party's constitution, which prohibits any member from taking party matters to court without the approval of the central working committee (CWC).
Article 91 of MIC’s constitution reads: “Every member shall be bound by the decision of the Central Working Committee in matters relating to his rights, obligations, duties and privileges as a member of the Congress.
“If he resorts to court proceedings in respect of his rights, obligations, duties and privileges or on behalf of any other member or in respect of the rendering or meaning of the provisions of this Constitution without first referring to the Central Working Committee or in violation of any decision or directive of the Central Working Committee 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.”
Vell Paari pointed out that MIC currently does have an interim CWC, which functions normally.
He pointed out that Palanivel himself has acknowledged the existence of the interim CWC.
“I am surprised Palanivel is proceeding to drag the RoS to court based on the letters they (CWC) issued to the party, he is going against the decision of interim CWC to follow the RoS directive. This means he is also going against the party.
“As per Article 91, Datuk Seri G. Palanivel would thus cease to be a MIC member,” Vell Paari said in a statement issued immediately after the MIC president announced his plan to sue the RoS.
The MIC leader, who was sacked from his post for criticising Palanivel, also said the latter's violation of the party constitution also means that his membership in Barisan Nasional (BN), and with that his post as a minister, have been disqualified.
"Since, Datuk Seri G. Palanivel is now not a member of MIC, he is now construed to be an independent Member of Parliament.
“In view of Article 91, it is best for the Prime Minister to instruct AG’s chambers to look into Palani’s position as BN’s cabinet Minister," Vell Paari said.
Earlier today English daily The Star reported that Palanivel had filed an application for a judicial review against the RoS order for the party to hold fresh elections at all levels.
According to the paper's website, Palanivel was one of four applicants that is seeking for the courts to examine the RoS directive for MIC to conduct comprehensive elections for every party post when disputes existed only at some levels.
Vell Paari said the Cabinet must now decide on Palanivel's post at their weekly meeting this Wednesday since the latter was no longer a member of the MIC and BN.
“How can an independent MP hold a cabinet Minister post?”, he asked.
The application filed by Palanivel and three others on February 24 named the Home Ministry and RoS as respondents.
The MIC crisis arose following differences in opinions over the RoS’ cancellation of its election for three vice-president posts and 23 Central Working Committee posts held at its annual general assembly in November 2013 following complaints of malpractice.
On February 10, Home Minister Datuk Seri Ahmad Zahid Hamidi announced that MIC would hold fresh party elections at all levels, including for president and deputy president, from April to July, to prevent the party from being deregistered.
At a press conference on February 14, however, Palanivel demanded that the RoS withdraw all its directives to the party, and threatened to sue the agency if it did not comply.
