KUALA LUMPUR, 3 July 2009: G Rajasekaran was validly elected as the Malaysian Trades Union Congress (MTUC) secretary-general for the 2008-2010 term, the High Court here ruled today.
Judicial Commissioner Mohamad Ariff Md Yusof dismissed with costs the application by the Peninsular Malaysia Workers Clubs Union and its secretary-general, Abdullah Sani Abdul Hamid, to challenge the election results, in which Rajasekaran beat Abdullah Sani with a slim majority.
The union and Abdullah Sani claimed that the election results were defective because six unqualified delegates from four unions in the MTUC had unlawfully participated in the election.
In his decision, Mohamad Ariff ruled that if a delegate was dissatisfied with the election results, Rule 6 (6) of the MTUC Constitution required the delegate to address the matter during the Triennial Delegates Conference (TDC).
"For the court to interfere, there must be some overhelming or exceptional circumstances ... [such as] a defiance of a court order," he said.
In this case, the objection was taken after the TDC had completed its proceedings, and that there was no existence of any conflict or non-compliance with a court order, he said.
"The rules of the MTUC bind the members inter se, as well as regulate the position of the members against the union, and as such should be regarded as determining what has been chosen and accepted by the members as their rules of governance," he said.
Mohamad Ariff said that rules could, of course, be changed or improved by the union but for the moment, Rule 6 (6) limited how and when a challenge to eligibility of delegates may be taken.
Rajasekaran won the secretary-general's post beating Abdullah Sani by four votes. He obtained 259 votes and Abdullah Sani, 255. — Bernama
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