The Attorney-General’s Chambers (AGC) has made a preliminary objection to both MIC’s judicial review applications, holding that the Registrar of Societies (ROS) can order the Indian-based party to hold fresh party elections.

 

This matter was raised today by senior federal counsel Suzana Atan, who appeared for the ROS.

 

Initially, Suzana wanted an adjournment for two weeks for Kuala Lumpur High Court’s Justice Asmabi Mohamad to hear their preliminary objection.

 

However, lawyers for MIC objected to this, and following this Justice Asmabi fixed March 16 to hear the preliminary objection.

 

The matter came about in Justice Asmabi’s chambers.

 

Suzana cited the Federal Court decision in the Sarawak National Party case as the reason for the objection.

 

MIC was represented by lawyers J Chandra and S Murugesan ( right ).

 

Chandra related this to reporters after the in-chambers proceeding.

 

However, Suzana when contacted later only said they AGC applied for a postponement and the court has fixed it to next week.

She refused to divulge the purported preliminary objection.

 

ROS challenged

 

MIC president, G Palanivel, vice-presidents S Sothinathan, and S Balakrishnan and former secretary-general A Pakas Rao had filed a judicial review application last month to challenge the ROS’ decision forcing the party to call for fresh elections.

This is besides another judicial review application filed by MIC central executive member and the party strategy director, K Ramalingam.

 

Palanivel, Sothinathan, Pakas Rao, and Balakrishnan are basically seeking a court order to quash the ROS order dated Dec 5 last year, asking the MIC to rehold elections for the party’s vice-presidents and central executive committee within three months.

 

They also wanted the ROS’ order for fresh elections to the various divisions and branches it named to be quashed as well.

 

In addition, the Palanivel group also wants the court to also quash the ROS letter dated Dec 31, which recognises the dispute among the delegates over the number of delegates who attended party annual general meeting and the number of ballot papers issued.

 

The MIC constitution states that the number of delegates should not exceed 1,500.

 

Furthermore, the applicants are also seeking another order to quash the ROS letter dated Feb 6, 2015, that the party membership as in 2012 can be used as the basis for election for all the posts.

 

Hence, they are also seeking court orders that the letters dated Dec 5 and Dec 31, 2014, and Feb 6, 2015, be declared null and void and that the ROS acted beyond its powers in issuing the directive, which they claimed is clearly against the Societies Act.

 

They further claimed, and sought a declaration, that the three letters issued by ROS are in conflict with Article 10 (1) of the Federal Constitution on the freedom of association.

 

Palanivel ( right ), Sothinathan, Pakas Rao and Balakrishnan are also seeking a declaration that whatever elections are held, should be based on the party constitution, and the AGM held on Nov 30, 2013 is valid.

 

They further want an interim stay against the ROS to prevent any action being taken against the MIC.

 

Chandra said on March 16, the court will hear the preliminary objection first before hearing the MIC's application for leave.