The nomination of former National Union of the Teaching Profession (NUTP) president, N Siva Subramaniam, for a key position at the upcoming Malaysian Trades Union Congress (MTUC) elections on Dec 29 and 30 has come under the scrutiny of some members.

An NUTP insider who declined to be named today told malaysiakini that Siva's name was never mentioned at an exco meeting last month when nominations were finalised.

The member said only NUTP deputy president Lim Cheng Uo was nominated to contest in the election.

The single nomination was duly confirmed by Lim, who is vying for the MTUC vice-presidency with four others, when contacted by malaysiakini.

He said NUTP president Ismail Nihat had announced his sole nomination in early December.

"After that, I don't know what happened. What I have heard (about the other nomination) up to now is only hearsay," he said.

He also said that the NUTP constitution was silent about associate members contesting in an election.

Nominations for the MTUC elections held during the triennial delegates conference closed on Tuesday evening.

Siva will be challenging incumbent G Rajasekaran for the post of secretary-general.

A constitutional violation?

Contacted later, former NUTP secretary-general A Rajaguru said he was not sure if the constitution has been amended since he retired years ago.

"But the clause on associate membership clearly states that such members are only eligible for death benefits. They cannot attend union meetings, be nominated for elections or selected as a delegate," he explained.

"Here, I understand that Siva is on the list of NUTP delegates. If the constitution has not been amended, then his nomination as a delegate would be a violation of it.

He said if Siva's nomination is confirmed to be ultra vires the NUTP constitution, the exco should immediately move for him to be disqualified.

Rajaguru said the constitution was last amended during Siva's tenure as NUTP secretary-general.

"It was during his time that the particular clause was amended, all because he wanted to keep some associate members out of the picture, including preventing them from attending union meetings."

Prior to the amendment somewhere in the mid-90s, he said, associate members were eligible for all benefits enjoyed by ordinary members except for holding office and casting votes.

Siva, who was the president of public sector union Cuepacs retired from the teaching profession last year.

Contacted today, former teacher Jerome Fernandez said he was also surprised to learn about Siva's nomination for the MTUC election.

"I'm wondering what his local standi really is. The issue here is his status, not so much his nomination but we need to know who nominated him because he must have a position in a union to qualify for nomination," he said.

"As far as I know, there is no constitutional provision allowing the nomination of NUTP associate members ... unless there was an amendment which reverses the whole thing."

Fernandez said Siva was the NUTP secretary-general when he was the deputy president.

"I retired in 2001 and my status is now associate member. So should it be for him," he said.

Bad taste in the mouth

Citing the NUTP constitution, he said the associate members are required to pay a RM6 annual subscription fee to keep their membership alive.

"One way he could get nominated is through a membership of the union representing employees working in trade unions."

"Even then, if he was nominated by another union, that too leaves a bad taste in the mouth."

NUTP secretary general Lok Yim Peng declined to comment, saying that a press statement would be made on Monday.

"We will be calling for a press conference, most probably on Monday. Our president has also told us not to say anything on this issue until then.

When pressed, she said: "No, I don't want to say anything to you. You can ask whatever you want at the press conference."

Siva could not be reached for comments.