KUALA LUMPUR — Nov. 6, 2019: Former Batu MP Chua Tian Chang or Tian Chua has won his court case against the Election Commission and is now free to contest in any election it conducts.
In so ruling today, Justice Datuk Seri Mariana Yahya agreed with the decisions of the KL and Shah Alam High Courts that the applicant’s eligibility and rights to contest were not affected by a fine of RM2,000 on him.
According to Mariana, an MP will only lose the right and eligibility if a fine was RM2,001 and above.
Datuk Gurdial Singh Nijar, counsel for Chua, told reporters the court allowed the summons after finding that the decision of the EC in rejecting Chua’s nomination was invalid based on earlier decisions of the High Court.
The court also decided it was unfair and unreasonable for the EC to reject Chua’s.
Chua contended that his eligibility to contest in the last 14th general elections should not have been denied by EC.
He filed the originating summons in April to declare that he was an eligible person to contest in a general election and by-election according to Article 48(1) (e) of the federal Constitution.
Chua argued also argued that former Dewan Rakyat speaker Tan Sri Pandikar Amin Mulia had decided that he remained an MP despite being fined RM2,000.
The other point raised by Chua was that he had contested and won in the 13th general election without any protest but the returning officer failed to take into consideration all the facts, causing his nomination to be rejected during GE14. — Bernama