Published: Friday July 3, 2009 MYT 6:22:00 PM
Court rules Rajasekaran as valid MTUC sec-gen
KUALA LUMPUR: The High Court has ruled that G. Rajasaharan, or better known as G. Rajasekaran, is the valid Malaysian Trades Union Congress (MTUC) secretary-general for the 2008-2010 term.
In his ruling Friday, High Court (Appellate and Special Powers) Judicial Commissioner Justice Mohamad Ariff Md Yusof said there must be overwhelming or exceptional circumstances for the court to interfere in the congress’ election results.
He also dismissed with costs the application by the Peninsular Malaysia Club Employees Union (PMCEU) and its secretary-general Abdullah Sani Abdul Hamid to declare the MTUC’s 2007 election results for the post of secretary-general as invalid, null and void.
In the election on Dec 18, 2007, Abdullah Sani, who is Kuala Langat MP, lost to Rajasaharan by four votes – 255 to 259.
Justice Mohamad Ariff said that in this case, Rule 6(6) of the MTUC’s constitution should apply.
The rule states that two thirds of the delegates must be fully-paid members while the remaining one third may be full-time paid officers or employees of the trade union who are not members.
The rule also stresses that should it be discovered that a person appointed by a union as delegate is not qualified, it shall not invalidate any full proceedings of the delegates conference.
“This is an express provision in the MTUC’s constitution and it cannot be ignored. The rational behind this rule is reasonable and practical,” Justice Mohamad Ariff said.
Lawyer R. Sivarasa had argued on June 2 that there were at least six ineligible delegates who had unlawfully participated in the MTUC’s election for the post.
In elaborating on his 14-page judgment, Justice Mohamad Ariff said that under the MTUC’s constitution, a challenge must be made during its Triennial Delegates Conference itself which was held on Dec 17 and 18, 2007.
“Even so, any challenge on eligibility of delegates cannot invalidate the full proceedings.
“I fail to see why this approach of saving the validity of proceedings should be rejected just because an objection is taken after proceedings have come to an end, even though the ineligibility is found out only after the event,” he said.
In the originating summons filed on May 30 last year, the PMCEU and Abdullah Sani had also applied for an order directing the MTUC to conduct fresh elections for the post.
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