Mahalingam, a 72-year-old lawyer, and the longest serving MIC central working committee (CWC) member, was never known for getting involved in controversies in his 50-odd years with the party. Hence, the surprise to many that the "old man has finally broken his silence."
He has taken a deep interest in the MIED debate that has emerged following reports of an attempted move by Samy Vellu, the MIC president-MIED chairman, to ‘hijack' the party's jewel in the crown and place it under a foundation headed by himself.
In a media statement today he said stood by his statement that the MIED never held a single members meeting in the past 25 years.
It was in response to Nijhar's statement, front-paged by the Malay Mail today, that about 200 meetings have been held to date involving all 33 members of the MIC education arm's board. The meetings, he said, were held together with the party's central working committee (CWC) meetings
Mahalingam said: "There was no separate agenda for MIED during the MIC CWC meetings and, therefore, 200 CWC meetings cannot be equalled to 200 MIED members meetings.
"Separate notice with agenda should have been sent to all 33 members of MIED at least once a year over the past 25 years. MIED merely circulated its circular resolutions during MIC's CWC meetings and that doesn't constitute to physical meetings."
He said when he first said at a news conference on October 7 that there were no meetings of MIED in the past 25 years, "I was referring to the members meetings and not the board meetings."
"MIED's Memorandum of Association requires a MIED members meeting to be held annually to elect its chairman and board of trustees among other things."
"There has never been serious discussion on MIED matters in MIC's CWC meetings as claimed by Tan Sri K. S. Nijhar as all matters pertaining to MIED was decided single-handedly by Datuk Seri Samy Vellu."
"At times, Samy Vellu briefs the CWC members on certain key developments in MIED just for information and not for any deliberation.
"It too would have been impossible to discuss MIED matters in MIC CWC meetings as not all its members are members of CWC.
"In fact, three of the MIED members namely Tan Sri K. Ampikaipakan, Datuk N. Selladurai and Mrs. Chithirakala (former MIED chief executive) have never been a CWC member."
Mahalingam, asked yesterday why nobody raised the matter of no meetings, said: "We were always under the impression that Datuk Seri ( Samy Vellu) was too busy."
In his statement today Mahalingam also commented on Nijhar's statement yesterday that the former is still a MIED trustee and that he does not remember signing any resolution pertaining to his removal. He advised Mahalingam to check his facts.
Mahalingam said: "I am a lawyer by profession and I don't speak without checking my facts. My facts were based on what was reported in MIC's annual report 2008/2009 which was circulated during the recent MIC 63rd general assembly to thousands including MIC branch chairmen and other dignitaries.
"Since I didn't attend the said assembly I didn't have a chance of seeing the annual report earlier and I only received a copy of it upon request a couple of days ago to prepare myself for the press conference I held on October 7.
"Annual reports are compilations of events for public knowledge and materials of historic value. Datuk Seri Samy Vellu as the MIC president, should take full responsibility of MIC's annual report and its contents."
Mahalingam also took a swipe at one-time close ally Samy Vellu's unusual silence on raging MIED debate.
"His unusual silence only adds anxiety to the public and the MIC members. He needs to openly retract his stand that MIED and AIMST University has no ties with MIC.
"Datuk G. Palanivel as the future MIC President must openly acknowledge that MIED and AIMST University is part of MIC not merely state that MIED will continue to serve the Indian community."
Nijhar, the former MIC treasurer-general, had said about 200 meetings have been held to date involving all 33 members of the MIC education arm's board. The meetings were held together with the meetings.
In rejecting claims that there was no official MIED board meeting since it was established 25 years ago, Nijhar said: "MIED is the educational arm of MIC. MIC controls the appointments of MIED trustees and members.
"Therefore, rather than having separate meetings for MIED members and trustees, all major decisions relating to MIED were discussed and decided at the CWC meetings where most MIC and MIED members were present.
These were also deemed as MIED meetings," Nijhar said adding that every year, for the past 25 years during MIC's annual general meetings, MIED matters have been tabled and discussed.
"The matters decided upon were then followed up with a number of circular resolutions (deemed as equivalent to decisions taken at formal MIED meetings) or acted upon by the MIED management.
"During these 25 years, the CWC met about 200 times, where MIED matters were also discussed and decided upon.
"At these meetings, both registered and beneficial owners met together. Hence, they are joint meetings, better reflected as MIC's aspirations and MIED's operations," Nijhar added.
Malay Mail earlier this week highlighted that the 33 life members of MIED have not had a single official meeting since its incorporation 25 years ago.
It has been alleged that contracts to build the Asian Institute of Medicine, Science and Technology (AIMST) in Kedah were given without a single board meeting.
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