Tian Chua to make representation to AGC whether he is qualified to take part in election

PUTRAJAYA: PKRvice-president Tian Chua, who could not contest in the recently concluded 14th General Election (GE14), will make a representation to the AttorneyGeneral’s Chambers (AGC) over his status on whether or not he would be qualified to stand for future elections.

The former Batu member of Parliament’s nomination papers were rejected by the returning officer ( RO) on April 28, this year due to the RM2,000 fine imposed on him in a 2017 court case.

His counsel Datuk Dr Gurdial Singh Nijar informed the Court of Appeal’s three-man panel yesterday that he would be writing to the new AttorneyGeneral Tommy Thomas for clarification on whether a member of Parliament could be disqualified from contesting the election after being fined RM2,000 under Article 28 (1) (e) of the Federal Constitution.

Following this, Gurdial requested for an adjournment of the appeal’s hearing pending the representation.

Senior federal counsel Datuk Amarjeet Singh representing the RO Anwar Mohd Zain and the Election Commission ( EC) did not object.

Justice Datuk Abang Iskandar Abang Hashim who led the panel granted the adjournment.

He also said that Tian Chua’s application to amend his originating summons and his appeal would be dealt by the Court of Appeal panel on the next date.

The other two judges were Datuk P. Nalini and Datuk Mary Lim Thiam Suan.

On May 4, the Kuala Lumpur High Court dismissed Tian Chua’s legal action which he had filed to challenge the EC’s decision to disqualify him from contesting the Batu parliamentary seat in the GE14, prompting him to lodge an appeal to the Court of Appeal.

High Court Judge Datuk Nordin Hassan held the court did not have the jurisdiction to hear the matter or to determine the validity of the RO’s decision in rejecting Tian Chua’s nomination papers.

He had allowed the EC’s preliminary objection and found that Tian Chua’s matter was an election dispute and that he should file by way of an election petition and not by an originating summons.

The RO rejected Tian Chua’s nomination papers on the basis of the RM2,000 fine imposed on him by the Shah Alam High Court which on March 2, this year allowed his appeal against sentence for insulting the modesty of a police officer.

Tian Chua whose real name is Chua Tian Chang, 54, was fined RM3,000 by the Petaling Jaya Sessions Court in 2014 for the offence.

Outside the court Gurdial told reporters that there were three court decisions including a Federal Court decision which stated that a person was still qualified to contest the election if the person was fined RM2,000. — Bernama