The Parti Bansa Dayak Sarawak (PBDS) led by the Tajem-Salang faction has rejected the rival group's call for a fresh poll as a compromise formula to save the party, describing it as "simply out of the question".

"The game has been over and won (by the Tajem faction) through proper and fair means and there is no rule for a re-play," its president Daniel Tajem said in a signed three-page statement issued after a two-and-a-half hours supreme council meeting this afternoon.

Also present at the meeting were newly-elected deputy president Joseph Salang Gandum, who is also Julau member of parliament, and secretary-general Stanley Ajang Bato, who is also the Belaga state assemblyperson.

"Unless someone can convincingly tell us the relevant provisions in the PBDS Constitution or the law allowing for replay, we shall not be moved to accede to any preposterous call for a concession by a fresh election," said Tajem.

In the last few days, Sng Chee Hua, the deputy president of the opposing faction led by Dr James Masing, a state minister, had called upon the Tajem group to agree to hold fresh elections, based either on the party's delegates list from three years ago or even the current delegates list, as a means of solving the present party crisis.

PBDS held its triennial delegates conference at the Santubong Resort in Kuching on July 26, during which Tajem and all supporters aligned to his faction were returned unopposed for a three-year term.

But the Masing-Sng faction also held their own TDC in Bintulu earlier on July 24 and elected a separate set of leaders, including Masing as their president.

Duplicate president

In his signed statement today, Tajem explained that his group had followed the laws of the country, the party constitution and conventions of PBDS in holding their TDC.

"Those who have created duplicate branches, a duplicate president and a duplicate supreme council could only do disservice to the party," he said. "They could only wreck havoc inside PBDS, they will weaken it."

Tajem ( photo ) also said the decision of the party's credentials committee, chaired by veteran party leader Dr Jawie Masing, on the party election results, had been endorsed and accepted by the TDC.

"Under the laws of the country, namely the Societies Act, that decision of the party through the TDC is final and conclusive and none, not even the court, can question that decision," Tajem, a lawyer and a former deputy chief minister, said.

"All quarters must now appreciate and accept the finality in the matter. There is no compromise on the question of legality of the preparations and execution of the TDC which was held by the party at Santubong Resorts on July 26," he said.

On the Masing faction's allegation of being shut out of the nomination/election process, Tajem strongly denied this, saying that "the Masing-Sng faction had not been shut out from participating in the TDC by anybody".

Instead, according to him, they had shut themselves out by refusing to abide by the provision of the party's constitution and the various decisions of the party's supreme council."They have only themselves to blame," he added.

Unrealistic offer

Referring to the Masing-Sng faction's TDC in Bintulu, Tajem said "it is as clear as a crystal ball that it is no TDC at all."

"Further, the purported branches and delegates attending the Bintulu TDC have not gone through the verification of the party's headquarters and any claim that there were branch leaders and delegates cannot be recognised by the party."

Tajem said for the Masing-Sng faction to try and dictate terms and conditions for any attempt at reconciliation was "unrealistic."

Tajem also said that any dispute as to the identity of the legally-constituted office bearers must be real and not artificially created in order to invoke the application of Section 16 of the Societies Act.

"It would be highly dangerous precedent if the mere fact of the presence of a set of office-bearers alternative to that properly elected were to invite the application of Section 16."