Tian Chua was eligible to contest GE14, court rules

Tian Chua has won his case against the Election Commission, which rejected his nomination to stand for re-election in his Batu constituency last year. – The Malaysian Insight file pic, November 6, 2019.

THE High Court in Kuala Lumpur today ruled that former Batu MP Chua Tian Chang – better known as Tian Chua – was eligible to contest in elections.

Justice Mariana Yahya made the decision after allowing the originating summons by Tian Chua as the plaintiff against the Election Commission (EC) as the sole defendant in the suit.

Mariana in her judgement agreed with the decisions made by the Kuala Lumpur and Shah Alam High Courts that Tian Chua’s eligibility and rights to contest were not affected by a fine of RM2,000 against him.

According to Mariana, an MP will only lose the right and eligibility to contest if the fine is RM2,001 or more.

Mariana made the decision in her chambers today and the matter was confirmed by federal senior counsel Azizan Md Arshad, who acted for EC.

Meanwhile, Dr Gurdial Singh Nijar, representing Tian Chua, told reporters that the court allowed the summons by his client after finding the decision of EC in rejecting Tian Chua’s nomination was invalid based on the prior decisions of the High Court.

“The court also decided it was unfair and unreasonable for EC to reject Tian Chua’s nomination,” he said.

Tian Chua said his eligibility to contest in the 14th general election (GE14) should not have been denied by EC and with the decision today, he has retained his status as a free man to contest.

On April 26, Tian Chua filed an originating summons to declare that he was an eligible person to contest in the general election and by-elections according to Article 48(1)(e) of the federal constitution.

He is also seeking a declaration that it was unfair to his eligibility and rights to contest in any elections.

Tian Chua said former Parliament Speaker Pandikar Amin Mulia also made the decision that he remained as MP, despite the fine.

Tian Chua also alleged that he had contested and won in the 13th general election without any protests but the returning officer failed to take into consideration all the facts causing his nomination to be rejected during the 14th general election.

Earlier, the two high courts fined him RM2,000 each for insulting a policeman. – Bernama, November 6, 2019.

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