KUALA LUMPUR: PKR vice-president Tian Chua never lost his eligibility to contest in elections.
This follows the decision of High Court judge Datuk Seri Mariana Yahya after she allowed Chua’s originating summons against the Election Commission (EC).
In her decision, Mariana ruled that Chua did not lose his qualification to contest as a candidate in the Batu parliamentary constituency for the 14th General Election (GE14).
She also agreed with the decision made by two separate High Courts which ruled that Chua’s qualifications and rights to contest were not affected due to RM2,000 levied against him for insulting a policeman.
The judge said the fine would not cause his disqualification as an MP according to Article 48 (1)(e) of the Federal Constitution.
The decision was made in chambers today and senior federal counsel Azizan Md Arshad, who acted for the EC, confirmed this.
Meanwhile, counsel Datuk Gurdial Singh Nijar who represented Chua said the court ruled that the EC’s decision denying his client’s qualification to contest in future elections was legally wrong based on the two High Courts’ decisions.
He said the court also found that it was an unjust, inequitable and unreasonable order to deny Chua’s qualification and right to contest as a candidate in elections.
“Our submissions was accepted by the court and now the status is that he (Chua) is declared as a person who is obligated to contest because it did not violate the Federal Constitution (Article 48),” he said.
On April 30, Chua, 55, or his real name Chua Tian Chan, filed an originating summons against the EC for not allowing him to contest in the Batu Parliamentary seat.
His nomination was rejected on the basis that the Shah Alam High Court, on March 2, fined him RM2,000 for insulting a policeman.
He was also convicted two years ago for insulting a policeman and fined RM3,000, in default of three months’ jail.
He appealed, and the High Court last month reduced the fine to RM2,000 as the offence did not involve bodily harm.
In the originating summons, Tian Chua sought a court declaration that he was an eligible candidate to contest the seat, according to Article 48(1)(e).