FORMER Pujut assemblyman Dr Ting Tiong Choon has filed an originating summons in the Kuching High Court today to begin his legal challenge to overturn his disqualification as a member of the state legislative assembly.

Ting, 51, a DAP lawmaker, is seeking a declaration that his disqualification is “null and void and of no effect for being ultra vires of the law”.

He is also seeking a declaration that the proceedings and decision taken in the state assembly on May 12, culminating in his disqualification “is not immune from scrutiny” by the court, it was against the rule of natural justice and was in contravention of Article 17(1) (g) of the Sarawak constitution, and Articles 118 and 121 of the Federal Constitution.

Ting is also seeking a declaration that his disqualification could only be made by way of an Election Petition “as provided in the Election Offences Act, 1954” and that the state legislative assembly had no power “to interpret the law so as to make a finding of facts and law” relating to whether he was disqualified under Article 17(1)(g) of the Sarawak Constitution.

He sought an order for a stay on his disqualification until the disposal of the case by the court.

Ting named Sarawak state assembly Speaker Mohamad Asfia Awang Nasser as the first defendant, and he is also seeking damages.

Sarawak International Trade and E-Commerce Minister and United People’s Party (UPP) president Wong Soon Koh, who moved the motion to disqualify Ting, was named the second defendant, and the state legislative assembly, the state government and the Election Commission the third, fourth and fifth defendants, respectively.

Ting, who was elected to the Chinese-majority seat in the oil town of Miri in last year’s state election, was disqualified over the fact that he was once an Australian citizen.

Wong had invoked Article 17 (1)(g) of the Sarawak Constitution, which states that “a person is disqualified from being an elected member of the Dewan Undangan Negeri (the state legislative assembly) if he has voluntarily acquired citizenship of, or exercised rights of citizenship in, or has made declaration of allegiance to any country outside the Federation (of Malaysia)”.

The assembly, in a partisan voting, voted 70 to 10, to disqualify Ting, who became the first lawmaker in the country to be disqualified at the hands of his peers.

State DAP chairman Chong Chieng Jen, speaking to reporters at the Kuching court complex in Petra Jaya, said Ting is seeking a court declaration on his disqualification as the state assembly “has no jurisdiction and power to interpret” Article 17 (1) (g).

He also accused Speaker Mohamad Asfia of being biased in choosing to hear the disqualification motion, saying he acted as “judge and executioner”.

Ting, after 20 years in Australia and faced with the immigration problems of his Taiwanese wife, had taken up Australian citizenship in 2010.

Chong, in a heated debate over the motion in the state assembly last month, had argued that the proper forum to hear the disqualification was the court, not the legislature where Barisan Nasional holds more than a two-thirds majority in the 81-seat assembly.

BN holds 71 seats, DAP seven, including Pujut, and PKR three.

“If we are so sure that he has contravened the provision of our constitution, take the matter to court.

“We should have an independent arbitrator decide the matter, not the brute majority to bulldoze the whole motion over.

“This is a place where majority rules,” said Chong, who is also the Kota Sentosa assemblyman.

The disqualification has triggered a by-election with the Election Commission having set June 20 as nomination day and July 4 as polling day.

The closing dates for the application of postal ballot papers for domestic and overseas voters are June 20 and June 22, respectively.

Miri City Council acting secretary Morshidi Freick has been named the Returning Officer.

Five schools will serve as polling centres and the EC had said the by-election could cost around RM838,000. – June 7, 2017.