DAP would be subjected permanently to arbitrary dictates and high-handed abuse of power by RoS if RoS fails to fulfill the two conditions of fully explaining the grounds why DAP should hold fresh elections and the relevant provision exercised under the Societies Act. During the emergency meeting, CEC members were shocked that the RoS could make such an important decision in such a high-handed and arbitrary manner merely on the basis that it is dissatisfied without giving any reasons.
Issuing a short directive to hold fresh elections on a purely subjective basis that one is dissatisfied without giving any grounds of dissatisfaction, is unacceptable by any moral and ethical standards, undemocratic, a denial of natural justice and due legal process. If this is the basis of the decision-making process by the RoS, then opposition parties like the DAP would be permanently held to ransom by ridiculous and baseless complaints. In future there is nothing to stop the RoS from directing the holding of fresh elections at any time at the RoS’whim and fancy without giving any reasons.
The DAP is fully entitled to be informed why its corrective measures taken to rectify the error in announcing the results was not accepted by the RoS. All supporting documents was given to ther RoS to prove that the party elections in December last year was conducted properly, legally and democratically where all qualified delegates were fully informed without any dishonest practice of money politics.
The only mistake was in the posting of the results by the Returning Officer that led to the wrong votes being announced for a few candidates which had an impact on only one successful candidate. The mistake led to one candidate, Vincent Wu, who was wrongly announced as a successful candidate, being replaced by the actual successful candidate, Zairil Khir Johari.
When this error was discovered, this was admitted to and rectified by the party voluntarily without being exposed by any outside parties. The correct results were even verified an an independent auditing firm. The party is now punished for refusing to cover-up mistakes, and for being both honest and truthful.
That was the reason that at an emergency meeting on 31.7.2013, the DAP CEC unanimously resolves to respond to the notice from the ROS dated 30 July 2013 as follows:-
“That the DAP is unable to accept the directive of the ROS as contained in the letter aforesaid unless the following two conditions are fulfilled:-
(a) the Registrar provides reasons for which it is dissatisfied with the explanation provided by the DAP in respect of the conduct of the Central Executive Committee or CEC elections on 15 December 2012 pursuant to the section 16(1) notice under the Societies Act 1966 as stated in the letter aforesaid; and
(b) the Registrar explains under which provision of law the directive to hold fresh CEC elections is given as stated in the letter aforesaid.”