An end to the MCA crisis is no where in sight as Liow Tiong Lai's faction moved one step closer to initiating legal action to force an extraordinary general meeting (EGM).

This afternoon, the three central committee (CC) members who requisitioned for the EGM met MCA secretary-general Wong Foon Meng and newly-appointed legal bureau chief Lim Hong Sang at the party headquarters in Kuala Lumpur.

NONE The trio - led by lawyer Wong Nai Chee - had pressed for the EGM to be held to allow delegates to decide if they wanted a fresh elections of top office bearers to resolve the crisis.

However, the secretary-general and legal bureau chief were adamant that the contents of their resolution were against the party constitution and urged them to make amendments before any further discussion.

Subsequently, the meeting only lasted less than 20 minutes

Not merely political issue

Nai Chee insisted the two resolutions submitted last Thursday were adhered to constitutional requirements because it did not call for the dissolution of the central committee.

The party constitution states that such a dissolution would required the consent of two-thirds of the party’s 2,400 delegates.

“The constitution does not prohibit fresh polls. The general assembly is the highest decision-making body hence it has the rights to pass the resolution to hold fresh polls,” said Wong to reporters before leaving Wisma MCA.

He said Liow's supporters will meet later this evening to contemplate the next course of action, which may include taking the matter to court.

“What happen now is not merely a political issue, it is related to legal issue. We will consider all possibilities, including legal channels, to find the best decision for the party,” he said.

EGM deadline tomorrow

Base on the requisition date, tomorrow is the deadline to send EGM notice to all central delegates. But if the secretary-general fails to send the notice, the requisitionists can usurp his role.

However, Nai Chee said they had not reached a decision on sending out the notice by themselves, considering that the other faction may refuse to abide to the EGM decision even if it is called.

The two resolutions demanded by 16 CC members aligned to Liow on last Thursday are:

1. A motion to re-elect members for the entire MCA central committee. If approved, the central committee members have to be re-elected within 30 days.

2. A motion to declare any changes in position made by the MCA president after Oct 10, 2009, null and void.

Sec-gen refused to send notice

Foon Meng released a press statement after today’s meeting, claiming that the party legal bureau found the proposed resolutions unconstitutional and unfeasible.

On the first proposed resolution, he said the general assembly cannot call for fresh election except for three situations:

1. At least two-third of the delegates vote to dismiss any party official;

2. Two-thirds or more of the elected CC members resigned;

3. The party elections which are held once every three years.

On the second resolution to nullify any appointment or termination by the president, it contravene the powers conferred to the president to appoint or terminate any appointee, said Foon Meng.

“In view of the aforementioned, I, as the secretary-general of the party, am not duty bound to issue a notice to call an EGM as provided under Article 31 of the party constitution,” Foon Meng concluded in his statement.

Simple majority cannot oust CC

The party new legal bureau chief Lim Hong Sang, who was appointed by president Ong Tee Kiat yesterday, also explained to reporters that a simple majority vote is insufficient to call for fresh polls.

He said the resolution must clearly state that it wants to dismiss the CC with two-third majority by the central delegates.

Thus he urged the three CC members to amend their resolution before further discussion with the secretariat.

Liow, who is also health minister, was appointed deputy president for 19 days.

His tenure came to a premature end yesterday when the Registrar of Societies (ROS) reinstated Dr Chua Soi Lek as the rightful No 2.

Liow and his supporters, which include the party's Youth chief Wee Ka Siong and Wanita chief Chew Mei Fun, have refused to acknowledge the ROS decision.

Liow said that he reserved the right to appeal the ROS decision or take the matter to court.

Liow 'rejects' olive branch from Ong