A top aide close to Dr Chua Soi Lek has disclosed that the former deputy president will not appeal to the central committee against his expulsion despite the deadline on Sept 16.

The aide who declined to be named, told Malaysiakini: "The option of appealing to the central committee against his sacking serves no purpose as it is merely a rubber stamp. It is a waste of time."

NONEChua (left) was sacked as deputy president and party member on Aug 26 following a presidential council discussion which decided to endorse the disciplinary board's recommendation.

But there has been much speculation on the conflicting interests pertaining to the decision made, while questions have been raised as to whether the presidential council had made a valid constitutional move which should have been carried out under the powers of the central committee.

The party constitution is not a perfect or sacred document without flaws that can deal with unforeseen political circumstances, said the aide.

"In fact, the MCA constitution had been amended many times even after the Tan-Neo leadership crisis to cut the overwhelming powers of the president and providing checks and balances," said the aide.

The aide also claimed that Chua has been subjected to ridicule and that "my instinct tells me that he will not put expose himself to more ridicule (by appearing before the central committee that is being controlled by a person who has already made up his mind on the decision".

Chua is also said to have witnesses who had purportedly heard MCA president Ong Tee Keat making degrading remarks about him to party members including the threat that the disciplinary board would "chop (off) his (Chua's) head".

On the night of the sacking, Chua had disclosed that he was told by his supporters not to attend the disciplinary board hearing over his sex videotape scandal as it was an attempt to bury him politically.

Two-third majority required for sacking

The hearing took place despite the fact that the complaint that was filed in May 2008 had been withdrawn.

NONEPart VI of the MCA constitution outlines the composition, functions and powers of the central committee.

Article 45.24 stipulates that: '....if the member is a party official elected by the general assembly pursuant to Articles 20 and 38 hereof, the central committee may not suspend or expel him from the party unless with the support of two-thirds of the central committee present at the meeting.'

"Was Chua's sacking endorsed by two-thirds of the central committee members present at a meeting and if so, when and where was the decision taken?" the aide asked, in questioning the validity of the presidential council's decision on the expulsion.

The sacking has angered Chua's supporters who initiated a signature campaign that claimed to have the support of more than 1,000 central delegates in petitioning for an extraordinary general assembly (EGM) to discuss and vote on the matter.

To complicate matters and as a show of power, Ong is pre-empting Chua's move by invoking his presidential powers under Article 30.1, calling for another EGM to endorse the sacking and to counter any move of a no-confidence motion against him.

The move to merge a 2-1 EGM by both factions has since reached a stalemate, with neither camp willing to show its resolutions to each other.

Ong is represented by the party's secretary-general Wong Foon Meng, while the opposing camp's chief coordinator is Tan Chai Ho who is acting on behalf of the so-called Central Delegates EGM Action Committee that supports Chua.