I doubt there is any DAP leader or delegate has any intention to challenge the party election results. However, DAP national chairperson Karpal Singh stressed that DAP's decision not to hold fresh party polls to rectify the electoral blunder, should be final as it cannot be challenged in court.
In a short statement today, the Bukit Gelugor MP said the repeated calls for DAP to call a fresh election "should, and must, take into account section 18(c) of the Societies Act 1966 relating to the finality of the decision on such matters by a political party".
He quoted the section which stipulates "the decision of (any) political party to be final and conclusive".
"The decision of a political party or any authorised persons by the party or by its constitution, rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such a decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such a decision".
Ironically, it was a provision planted by Dr Mahathir Mohamad after his near defeat in the UMNO's party elections by subjugating the judiciary. The DAP has been quite vocal of Dr Mahathir's interference of the judiciary and the draconian amendment which has given leaders of political parties near autocratic powers.
I have more problem with Karpal's recital of Section 18(c) of the Societies Act 1966 to quash and quell any possible opposition against the party's decision not to hold fresh elections than the blunder itself. It shows that Karpal and his party leadership have no qualm to use any draconian legal provision created by an authoritarian leader such as Dr Mahathir Mohamad as long as it fits and fulfills the needs of his party.
Can we trust the DAP to it promises us before winning federal power if it is behaving this way? It seems to be enjoying all the trappings created by the BN or use them as justifications for not having enough political will to correct the wrongs such as hillside development in Penang or the promise to hold local elections?
Can we trust that the DAP and its alliances will put a stop to Lynas rare earth plant without citing huge compensation as a deterrent to halt production?
Can we trust the DAP to get rid of all draconian laws including the Section 18 (c) of the Societies Act 1966, govern fairly and transparently, observe the highest level of professionalism and competency and lead us humbly?
I hope Karpal Singh will use some minutes of his time to ponder over his statement.