KUALA LUMPUR, 2 June 2009: The appointment of G Rajasekaran as secretary-general of the Malaysian Trades Union Congress (MTUC) was invalid as at least six unqualified delegates had unlawfully participated in the election of the MTUC’s principle office, the High Court here was told today.
Sivarasa R Sivarasa, counsel for the plaintiffs, submitted under Rule 6(6) of the MTUC constitution that the six delegates from four unions in the MTUC were unqualified, and were therefore not entitled to vote in the election.
Sivarasa was submitting before Judicial Commissioner Mohd Ariff Md Yusof at the hearing of an originating summons filed by the plaintiffs, the Peninsular Malaysia Workers Clubs Union and its secretary-general Abdullah Sani Abdul Hamid, against Rajasekaran to quash his position as MTUC secretary-general.
In the suit filed on 29 May 2008, they sought, among others, a declaration that the election result on 18 Dec 2007 for the secretary-general post for the 2008-2010 term was unlawful and void.
They also want the MTUC to hold a special delegates meeting for fresh elections for the post within 60 days of the court order.
Sivarasa further submitted that Rajasekaran had failed to provide the delegates list during the election so that the plaintiffs could verify the eligibility of the delegates and their entitlement to vote. As the delegates list has still not been supplied to date, there could be more ineligible delegates who might have participated and whom they were still not aware of, he said.
D Kalai, counsel for Rajasekaran, submitted that based on MTUC custom and practice, all the delegates were qualified to be present during the election as at 18 Dec 2007.
He said under the MTUC constitution, the delegates list was not given to anyone unless requested. He added that the plaintiffs should have raised the matter before or during the meeting, and not nine months after the decision, if they were dissatisfied with the election result.
“The plaintiffs should also [have written] a letter to the MTUC to request for the delegates list. But they did not do so,” Kalai said, adding that the MTUC had compiled the delegates names through a form list which was not computerised.
The hearing continues on 12 June. — Bernama