Tian Chua’s case decision to be delivered today
KUALA LUMPUR: The High Court will decide today on a preliminary objection raised by the Election Commission (EC) to dismiss PKR vice-president Tian Chua’s suit against his disqualification as an election candidate.
High Court (Appellate and Special Powers) judge Datuk Nordin Hassan said he would deliberate on the arguments raised by both parties yesterday and deliver his decision today.
Senior Federal Counsel Datuk Amarjeet Singh, representing the EC and its returning officer, raised a preliminary objection to the case stating that the High Court had no jurisdiction to hear electoral matters.
“It should either be heard by the chief judge or a High Court judge nominated by the chief judge.”
He said this is provided under Section 33 of the Election Offences Act 1954, which defines an election judge, read together with Article 118 of the Federal Constitution, which states that challenging elections must be done through an election petition.
“The decision of the returning officer shall be final and conclusive for the purpose of the election in respect of which the proceedings are being held, and shall not be called into question in any court, unless through an election petition.”
Tian Chua’s lawyer Gurdial Singh Nijar said he was not challenging the elections or outcome of the elections at this stage.
“We are seeking a declaration on the legal status of Tian Chua. Is he disqualified or not?”
Citing the Federal Court’s decision in the 2009 case of Perak Mentri Besar Datuk Zambry Abdul Kadir to determine his status then, Gurdial said filing an election petition does not apply here.
Stressing that it is a matter of public interest, Gurdial said the court should not turn away this case at this stage.
He also noted that the High Court had ruled that Tian Chua was not disqualified from his position as MP after he was fined RM2,000 fine, and then Parliament speaker Tan Sri Pandikar Amin Mulia had upheld that ruling.
“Tian Chua continued to participate in the debates and in the legislature. If he had been disqualified, what of his activities when he was in Parliament? Were they illegal?”
Meanwhile, the High Court in Kota Kinabalu has set May 7 to hear a judicial review application for an order from the EC not to allow Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal to vote and be a candidate in the coming polls.