COMMENT | An intriguing question has arisen in the run-up to the 14th general election (GE14), with nomination fixed this Saturday, April 28, 2018 and polling on Wednesday, May 9.

Could the GE on May 9 be subsequently declared by the courts as illegal, null and void as a result of the Umno/BN government’s flouting of the rule of law on Umno as (technically) it is an illegal political party from April 20 onwards?

The 16 Umno members who had taken legal action to challenge the validity of Umno as a political party for postponing the party election have been sacked summarily from Umno, and they have announced filing contempt proceedings to challenge their sacking.

The action filed by the 16 is on the basis that the Umno supreme council had breached article 10.16 of the party’s constitution in delaying its party elections until next year.

I have discussed with senior lawyers on the matter, and they are quite unanimous in the view that the law is very clear that Umno is today an illegal political party.

As a result, the caretaker prime minister, Najib Abdul Razak, is an illegal Umno president as well as illegal chairperson of the BN coalition. Will Umno’s illegality also extend to BN’s legal status?

Under the circumstances, the question that must be asked is whether the legality of the 14th general election would be affected if Umno and BN are subsequently declared by the courts as illegal political entities as at after April 20, 2018, yet both are allowed to take part in the 14th general election.

Be that as it may, these mind-boggling political developments have presented MCA with an unprecedented opportunity.

Instead of being political crybabies going around with the imaginary complaint that DAP wants to “besiege and eliminate” MCA - which is the reason for MCA holding the ridiculous "Johor team all-out attack, anti-encirclement mega rally" in Yong Peng on Friday - MCA leaders should now stand up for its own dignity.

MCA leaders should know that because of its own wrongdoings, Umno has become an illegal political party, although it is argued that the illegality of Umno does not extend to making the BN an illegal political coalition.

Even so, the BN coalition with 13 component parties has become a coalition with 12 component parties, as a result of the (technical) illegal status of Umno.

One consequence of Umno’s illegality must be the disqualification of Najib as BN chairperson, for the political party which he heads, Umno, is an illegal political party.

Would MCA dare to requisition an emergency meeting of the BN supreme council for the MCA president to be appointed BN chairperson, now that Umno has become an illegal party and Najib should be disqualified?

Or will the MCA leaders prefer the role akin to the three monkeys who have eyes that see not, ears that hear not and mouths that speak not?

LIM KIT SIANG is DAP parliamentary leader and incumbent Gelang Patah MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.