Sacked G Asoghan seeks for reinstatement by court’s order despite being invited to the special congress to vote in fresh CEC DAP polls.
GEORGE TOWN: The Sessions Court here is expected to give decision next Tuesday on a former DAP branch leader’s writ of summons seeking a court order against his expulsion from the party.
The suit against the DAP filed by G Asoghan, who was chairman of the Jalan Bagan
Luar branch and a party delegate to national congress when he was sacked last April
23, was up for case management before the Sessions Court’s senior registrar Khairul Farhi Yusob today.
But the DAP legal team which is led by Karpal Singh requested for postponement to allow the party to resolve issues pertaining to Asoghan’s membership status by this week.
They wanted a few more days to resolve the issue in view of the invitation to Asoghan, via a notice dated Sept 4, to attend the special party congress and vote as a legitimate delegate in the party central executive committee (CEC) polls slated coming Sunday, Sept 29, 2013.
Both parties mutually agreed for the case to be heard on Tuesday, Sept 24.
Asoghan expects a reinstatement by way of consent judgment next week.
He filed his writ on June 3 seeking the court to declare his termination by the party’s fiveman disciplinary committee, comprising Tan Kok Wai, Tan Siang Piau, M Kulasegaran, P Ramasamy and Lim Hock Seng, as null and void.
Besides the five, he also named the party as the sixth defendant.
He also seeks damages, costs and other reliefs deemed fit by the court.
Kok Wai issued Asoghan a termination letter for his “act of standing as an independent candidate in the Bagan Dalam state constituency.”
The letter said the offence was a “serious breach of party discipline”.
Asoghan said the termination letter was invalid because the disciplinary committee was formed by a CEC whose election last Dec 15 was under dispute then.
In July this year the Registrar of Societies (ROS) nullified the DAP polls and called for fresh CEC election.
“DAP faces deregistration”
In its defense, the DAP has applied to strike out Asoghan’s writ by claiming that the court has no powers to hear the case as stipulated under Section 18C of the Societies Act 1966.
In its notice of application filed by Karpal on June 24, the DAP claimed that the party decision was final and cannot be challenged in court in accordance to the law.
At the court house today, Asoghan said that he could not attend the special congress and cast his vote in the CEC polls without an official letter of reinstatement of his membership from DAP.
He said his ‘unlawful’ attendance at the special congress can result the entire CEC polls as illegal and lead the party to deregistration if a member were to lodge a complaint to the ROS.
“I am a sacked member.
“How can I attend the CEC polls without an official reinstatement letter?
“I don’t want the party to be deregistered. I love the party.
“I just want reinstatement,” he told newsmen at the court house.
Besides Asoghan, there are 16 other sacked delegates, who had been invited to attend the special congress.
The party is expected resolve the issue on their membership status by this week.
Asoghan further questioned the validity of the notice for the special congress signed by Lim Guan Eng, the party’s secretary-general.
He said that Lim cannot act as the secretary-general now since the ROS had nullified the party election held in Penang on Dec 15, 2012.
“He is actually ex-sec gen, just an ordinary member,” said Asoghan.
He also insisted that the party cannot use the same pre-Dec 15 candidates’ list for the coming polls because not only it breached the DAP’s constitution but also listed John Fernandez as a candidate, who has indeed resigned from the party.
He said clause 8.6 of party constitution required the leadership to inform all branches to nominate their choice of candidates 12 weeks before a CEC election.
“How can the candidate list include a person who had left the party?
“There should be fresh nominations; fresh candidates’ list for fresh polls as ordered by ROS,” stressed Asoghan.
GEORGE TOWN: The Sessions Court here is expected to give decision next Tuesday on a former DAP branch leader’s writ of summons seeking a court order against his expulsion from the party.The suit against the DAP filed by G Asoghan, who was chairman of the Jalan Bagan
Luar branch and a party delegate to national congress when he was sacked last April
23, was up for case management before the Sessions Court’s senior registrar Khairul Farhi Yusob today.
But the DAP legal team which is led by Karpal Singh requested for postponement to allow the party to resolve issues pertaining to Asoghan’s membership status by this week.
They wanted a few more days to resolve the issue in view of the invitation to Asoghan, via a notice dated Sept 4, to attend the special party congress and vote as a legitimate delegate in the party central executive committee (CEC) polls slated coming Sunday, Sept 29, 2013.
Both parties mutually agreed for the case to be heard on Tuesday, Sept 24.
Asoghan expects a reinstatement by way of consent judgment next week.
He filed his writ on June 3 seeking the court to declare his termination by the party’s fiveman disciplinary committee, comprising Tan Kok Wai, Tan Siang Piau, M Kulasegaran, P Ramasamy and Lim Hock Seng, as null and void.
Besides the five, he also named the party as the sixth defendant.
He also seeks damages, costs and other reliefs deemed fit by the court.
Kok Wai issued Asoghan a termination letter for his “act of standing as an independent candidate in the Bagan Dalam state constituency.”
The letter said the offence was a “serious breach of party discipline”.
Asoghan said the termination letter was invalid because the disciplinary committee was formed by a CEC whose election last Dec 15 was under dispute then.
In July this year the Registrar of Societies (ROS) nullified the DAP polls and called for fresh CEC election.
“DAP faces deregistration”
In its defense, the DAP has applied to strike out Asoghan’s writ by claiming that the court has no powers to hear the case as stipulated under Section 18C of the Societies Act 1966.In its notice of application filed by Karpal on June 24, the DAP claimed that the party decision was final and cannot be challenged in court in accordance to the law.
At the court house today, Asoghan said that he could not attend the special congress and cast his vote in the CEC polls without an official letter of reinstatement of his membership from DAP.
He said his ‘unlawful’ attendance at the special congress can result the entire CEC polls as illegal and lead the party to deregistration if a member were to lodge a complaint to the ROS.
“I am a sacked member.
“How can I attend the CEC polls without an official reinstatement letter?
“I don’t want the party to be deregistered. I love the party.
“I just want reinstatement,” he told newsmen at the court house.
Besides Asoghan, there are 16 other sacked delegates, who had been invited to attend the special congress.
The party is expected resolve the issue on their membership status by this week.
Asoghan further questioned the validity of the notice for the special congress signed by Lim Guan Eng, the party’s secretary-general.
He said that Lim cannot act as the secretary-general now since the ROS had nullified the party election held in Penang on Dec 15, 2012.
“He is actually ex-sec gen, just an ordinary member,” said Asoghan.
He also insisted that the party cannot use the same pre-Dec 15 candidates’ list for the coming polls because not only it breached the DAP’s constitution but also listed John Fernandez as a candidate, who has indeed resigned from the party.
He said clause 8.6 of party constitution required the leadership to inform all branches to nominate their choice of candidates 12 weeks before a CEC election.
“How can the candidate list include a person who had left the party?
“There should be fresh nominations; fresh candidates’ list for fresh polls as ordered by ROS,” stressed Asoghan.
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