DAP's decision on polls blunder is final, says Karpal
Published: Jan 15, 2013 9:26 AM | Updated: Jan 15, 2013 9:29 AM
Citing one section of the Societies Act, DAP national chairperson Karpal Singh stressed that DAP's decision not to hold fresh party polls to rectify the electoral blunder, should be final as it cannot be challenged in court.
Citing one section of the Societies Act, DAP national chairperson Karpal Singh stressed that DAP's decision not to hold fresh party polls to rectify the electoral blunder, should be final as it cannot be challenged in court.
In a short statement today, the Bukit Gelugor MP said the repeated calls for DAP to call a fresh election "should, and must, take into account section 18(c) of the Societies Act 1966 relating to the finality of the decision on such matters by a political party".
He quoted the section which stipulates "the decision of (any) political party to be final and conclusive".
"The decision of a political party or any authorised persons by the party or by its constitution, rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such a decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such a decision".
Karpal said he is concerned about the conduct of several DAP members to lodge official complaints to the Registrar of Societies over the "technical glitch in the complete absence of mala fides on the part of the party leadership".
"Such a matter should have been taken up with the party leadership, which has been at great pains to publicly explain the position.
"I hope my reference to section 18(c) of the Societies Act will put the matter to rest once and for all," he added.
Last month, the party's election to fill posts in the central executive committee (CEC) had been marred by a computer spreadsheet data entry error involving seven candidates.
As a result, Vincent Wu was erroneously named as a CEC member while Zairil Khir Johari, who narrowly made the cut, was wrongly named as among the candidates with the lowest votes.
On Jan 3, the DAP central executive committee had made the matter public, saying that this was in the interests of transparency.
In a short statement today, the Bukit Gelugor MP said the repeated calls for DAP to call a fresh election "should, and must, take into account section 18(c) of the Societies Act 1966 relating to the finality of the decision on such matters by a political party".
He quoted the section which stipulates "the decision of (any) political party to be final and conclusive".
"The decision of a political party or any authorised persons by the party or by its constitution, rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such a decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such a decision".
Karpal said he is concerned about the conduct of several DAP members to lodge official complaints to the Registrar of Societies over the "technical glitch in the complete absence of mala fides on the part of the party leadership".
"Such a matter should have been taken up with the party leadership, which has been at great pains to publicly explain the position.
"I hope my reference to section 18(c) of the Societies Act will put the matter to rest once and for all," he added.
Last month, the party's election to fill posts in the central executive committee (CEC) had been marred by a computer spreadsheet data entry error involving seven candidates.
As a result, Vincent Wu was erroneously named as a CEC member while Zairil Khir Johari, who narrowly made the cut, was wrongly named as among the candidates with the lowest votes.
On Jan 3, the DAP central executive committee had made the matter public, saying that this was in the interests of transparency.
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