I was confused and dumbfounded that RESOLUTION NO. 1 & 2 was adopted and RESOLUTION NO. 3 was rejected by the MCA Central Delegates at the EGM on 10-10-2009. I immediatedly turned the pages of the MCA Contitution in search f0r answers whether the MCA President need to resign. ARTICLE 35 states that "The General Assembly may dismiss any Party Official (Whether the said Party Official is elected at the General Assembly or Otherwise appointed) If approved by at least two-third of the delegates to the General Assembly present and voting at the meeting of the General Assembly." It's specifically stated that the General Assembly needed at least 2/3 of the delegates votes in order to oust the President. Therefore, the President need not resign based on ARTICLE 35 as he received 1141 votes (49.69 % ) out of a total of 2296 votes for RESOLUTION NO. 1. In this case, it was way below 2/3 of the votes to oust the President. ( 66.66% ).
What would happen should the President resigned? Should we call for another Party election which some commentators put forward to the public. Let's look at ARTICLE 23 - "Subject to Article 40 hereof, in the event of any elected Party Officials ceasing to hold office due to any reason whatsoever the Central Committee shall have the power to fill the vacancy until the next election of Party Officials by the General Assembly." and ARTICLE 40 - " If the President shall cease to hold office for any reason whatsoever, the Deputy President shall hold that office as President until the next General Assembly in which general elections of Party Officials are to be held. The vacant office of Deputy President shall forthwith be filled by the remaining members of the Central Committee electing one of themselves to be Deputy President who shall hold that office as Deputy President until the next General Assembly in which general elections of Party Officials are to be held." ( NOTE ; The Deputy President does not applied here because he was rejected under RESOLUTION NO. 3 during the EGM on 10-10-2009 ).
Therefore, ARTICLE 23 & ARTICLE 40, conclusively stated that we need not have another Party election to resolve the succession problem. The Central Committee have the power to fill up the vacancy until the next Party election.
In conclusion, I agreed with Datuk Ti Lian Ker' blog ( http://tilianker.blogspot.com/ ) that the MCA Party Constitution is SUPREME and that all members must abide to the Constitution or otherwise, we will be made a laughing stock among the public. We shall resolve to settle this internal problem among ourselves without any interference or pressure from any party or outsiders so that MCA will emerge intact, stronger and united in order to serve the community under ARTICLE 6.
Monday, October 12, 2009
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