Incumbent Batu MP Tian Chua cannot contest in the 14th general election and defend his seat, as the High Court in Kuala Lumpur today rejected his originating summons.
Justice Nordin Hassan in allowing the preliminary objection by the Attorney-General Chambers said the application is mainly a challenge on the process of elections, where the filing of nomination papers is part of an election.
He further cited Article 118 of the federal constitution where any challenge on the election results should be by way of an election petition and the matter should be heard before an election judge.
"Therefore, as he is challenging the acceptance of the nomination paper, it should be by election petition.
"I also do not have the jurisdiction and power to hear election petition cases.
“The filing of this originating summons contravenes Article 118. Based on this, the application is dismissed with no order as to costs, " he said.
Tian Chua, whose real name is Chua Tian Chiang is seeking a declaration that he is qualified to contest as stipulated under article 48 (1) (e) of the federal constitution.
The Election Commission's returning officer Anwar Mohd Zains disqualified him on nomination day, saying it was because Chua had previously been fined RM2,000 for insulting a policeman.
The High Court had earlier ruled that a RM2,000 fine does not disqualify an elected MP from contesting again.
[More to follow] - Mkini
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