On Dec 23, 2004 in a letter published in malaysiakini titled Siva's MTUC nomination done by the book, NUTP president Ustaz Ismail Nihat stated very boldly that: 'Siva (N Siva Subramaniam) is being nominated as one of the 42 delegates of the NUTP in his capacity as a staff of the NUTP. This is in accordance with Trade Union Act 1959 paragraph 30 and also MTUC Regulations 6(6)'.

In stating his case, Ismail sounded very authoritative in quoting a specific provision of the Trade Union Act 1959.

But A Rajaguru, the former NUTP secretary-general, in his reply carried in on Jan 4 entitled NUTP president confused, ignorant has dismissed Ismail's claim. Rajaguru has contended that there is no 'paragraph 30' in the Trade Union Act of 1959.

Rajaguru further threw a challenge to Ismail: 'I challenge Ustaz Ismail to quote this section in full to support Siva's nomination and justify the exco's authority in nominating Siva'.

It is more than a month since Ismail was challenged to quote this section. And he has not responded.

Why is Ismail keeping mum?

Is it possible that he is trying to hoodwink members of the public into believing that Siva's nomination for the recent MTUC election was done according to the rules?