Tian Chua to seek injunction
PUTRAJAYA: Rejected Batu candidate Tian Chua (PKR) can file a petition in court over his disqualification to contest the 14th General Election (GE14), said Election Commission (EC) chairman Tan Sri Mohd Hashim Abdullah.
He said EC would accept the court’s ruling.
“This decision is related to the court. The decision to disqualify him was made by the returning officer during the nomination period.
“If anyone, including the candidate, feels there is a need to make an objection, he can do so. He can file a petition with the court. Let the court decide,” he said yesterday.
Tian Chua, who is PKR vicepresident, was denied from contesting the Batu parliamentary seat due to a case at the Shah Alam High Court in 2013.
Returning officer Anwar Mohd Zain rejected Tian Chua’s nomination on the basis of a March 2 Shah Alam High Court ruling under which the latter was fined RM2,000 for insulting the modesty of a police officer.
Tian Chua was also convicted last year of insulting a policeman and fined RM3,000 in default of three months’ jail. He appealed the decision, and the High Court last month reduced the fine to RM2,000 as the offence did not involve bodily harm.
The court also dismissed a prosecution appeal to impose a heavier sentence.
Asked why Tian Chua was disqualified when he could contest in the last general election despite having a similar fine imposed against him, Hashim said: “Maybe there is a reason the returning officer rejected him. It might have depended on the total amount of fine imposed on him.
“That’s why I emphasise that if he is upset, he can file a petition with the court, and we will abide by the court’s decision.
“If he can’t make it (as a candidate), there are other elections.”
Tian Chua, responding to Hashim, said the returning officer had done him wrong.
He said he would file an injunction against EC and the returning officer, adding that he hoped to see results in 48 hours.
“We are trying to file an injunction and will include demanding the RO to rescind his decision and allow me to contest.
“I fulfilled all the conditions. They shouldn’t bar me from taking part.”
He questioned why EC was making contradictory decisions.
“Today’s (yesterday’s) decision contradicts the 2013 decision. In 2013, RM2,000 did not amount to disqualification, but why is the same agency making different rulings for two elections? This is ridiculous.”
PKR president Datuk Seri Dr Wan Azizah Wan Ismail expressed shock upon learning that Tian Chua was disqualified.