KUALA LUMPUR: The High Court has decided that former Batu MP Chua Tian Chang or better known as Tian Chua did not lose his eligibility to contest in an election.
Justice Datuk Seri 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 judgment, agreed with the decisions made by the Kuala Lumpur and Shah Alam High Courts that the applicant’s eligibility and rights to contest was not affected by a fine of RM2,000 on him.
According to Mariana, an MP will only lose the right and eligibility to contest if the fine was RM2,001 and above.
Justice Mariana made the decision in chambers yesterday and the matter was confirmed by federal senior counsel Azizan Md Arshad who acted for EC.
Meanwhile, Datuk Dr Gurdial Singh Nijar, who represented 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 earlier 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 GE14 should not have been denied by EC and with the latest decision, he has retained his status as a free man to contest.
In 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 election.
Based on the supporting affidavit, Tian Chua said his case at the Kuala Lumpur and Shah Alam High Courts which fined him RM2,000 each on the two charges against him.
Tian Chua said former Dewan Rakyat Speaker Tan Sri 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 GE13 without any protests but the returning officer had 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