RoS cannot invalidate MIC election, says counsel

KUALA LUMPUR: Counsel for MIC president Datuk G. Palanivel today argued that the Registrar of Societies (RoS) had no powers to invalidate the election of a political party
Speaking at Palanivel's judicial review case, heard before the High Court today, R. Thayalan said the RoS acted beyond its legal powers in relation to by three vice-presidents and 23 members of the Central Working Committee (CWC) and a few MIC divisions in a Dec 5 letter.
He said a month later the RoS invalidated the entire 2013 election and ordered the party to hold fresh elections for all posts within a stipulated time.
"Clearly the RoS had exceeded its powers granted under the law," he submitted.
He also said all decisions of the RoS were mere recommendations or suggestions and not directives that must be followed by political parties.
He said the MIC constitution gives powers to adjudicate any disputes with party members.
"In this case the MIC Central Working Committee had convened soon after the December 2013 party elections and unanimously accept the results," he said.
He added disputes with party members over the elections were also entirely rejected.
"These decisions by the MIC are final and conclusive and cannot be challenge by the RoS, the courts or by any party member," he said.
He also submitted that Section 16 (1) of the Societies Act 1967 precludes any court from hearing any dispute over the political matters of a political party.
Senior Federal Counsel Amarjeet Singh however argued that the RoS had acted well within its powers to adjudicated disputes in political parties and urged the court to dismiss the suit.
He said it was Palanivel, in a letter to the RoS dated Feb 5, who had suggested that a fresh election is held for all posts.
That letter stated that a fresh election was part of a political settlement that was reached between him and Barisan Nasional leaders, including Prime Minister
Datuk Seri Najib Abdul Razak, and Palanivel's deputy Datuk Dr S. Subramaniam, Amarjeet told the court.
"Now he is in court disputing the RoS decision and applying for a judicial review," he said. "It was not the RoS who made the decision to have fresh elections, it was Palanivel."
"The president and RoS were on the same page then over the crisis," Amarjeet said.
He said the RoS had merely informed the MIC that a dispute had arisen with members, how to resolve the dispute and the time frame needed.
Amarjeet said if the party failed to rectify, then there was a danger that the MIC might be deregistered.
High Court Judge Datuk Asmabi Mohamad who heard the case today had granted a stay of the RoS decisions last month pending the disposal of the suit.
The hearing continues on June 15.