KUALA LUMPUR – The High Court here today dismissed a suit filed by PKR vice-president Tian Chua against the Election Commission (EC) for not allowing his nomination to contest the Batu parliamentary seat in the 14th General Election (GE14), ruling that it had no jurisdiction to hear the matter.
Judge Datuk Nordin Hassan made the decision after allowing a preliminary objection raised by the EC against an originating summons brought by Tian Chua, whose real name is Chua Tian Chan.
Nordin, in his judgment, said the court had no jurisdiction to challenge the decision of the returning officer (RO) Anwar Mohd Zain in rejecting Tian Chua’s nomination to contest the Batu parliamentary seat in the GE14.
The judge said the applicant (Tian Chua) should have filed the suit by way of an election petition and not by an originating summons.
“I dismiss an originating summons by the applicant with no order as to costs,” he said.
Tian Chua filed the originating summons last April 30, naming Anwar and EC as the first and second respondents.
In his suit, the former Batu Member of Parliament is seeking a court declaration that he was entitled to be nominated for and to contest for the seat, according to Article 48(1)(e) of the Federal Constitution.
Tian Chua’s nomination was rejected by the RO on the basis that the Shah Alam High Court, on March 2, this year had fined him RM2,000 for insulting the modesty of a police officer.
The Shah Alam High Court made the decision after allowing an appeal by Tian Chua and reduced the fine to RM2,000.
He was initially fined RM3,000 by the Petaling Jaya Sessions Court on the charge of insulting a police officer in 2014.
Tian Chua, in his application, also claimed that in the previous polls, the 13th General Election, he was allowed to contest despite being fined RM2,000 by the court then. – BERNAMA