Tian Chua withdraws appeal against GE14 disqualification

PKR vice-president Tian Chua today withdrew his appeal against his disqualification from the 14th general election, and will instead consider seeking a fresh declaration on his general eligibility to stand for office.

The withdrawal was accepted by Justice Umi Kalthum Abdul Majid at the Putrajaya Court of Appeal today, with no order as to costs.

“As a way forward, the only viable option is to file at the High Court again, and hopefully it will affirm previous decisions (that ruled him eligible to contest). 

“We just want to ensure that the courts can clear it, and rule that I have no problem to contest in future elections, as well as to qualify to be nominated to either house as a member of a legislative council,” he told members of the media afterward. 

The three-member Court of Appeal panel today also comprised justices Zaleha Yusof and Yaacob Md Sam.

On nomination day, Tian Chua was disqualified by Election Commission returning officer Anwar Mohd Zain on the basis that he had previously been fined RM2,000 for insulting a police officer.

This contradicted a prior High Court ruling that allowed him to stand for election in 2013, despite having paid an RM2,000 fine for a separate case before then.

Following his disqualification, Chua sought a declaration that he is qualified to run for office as stipulated under Article 48(1)(e) of the Federal Constitution, and another declaration stating that he could contest in GE14.

‘Clarify status once and for all’

Chua's challenge was thrown out by the Kuala Lumpur High Court on May 4.

Justice Nordin Hassan ruled that the case should be an election petition, and thus presided over by the chief justice or a specially appointed election judge. 

Today, Chua’s counsel Gurdial Singh Nijar explained that the original case had been contextualised to GE14 as it was filed in the lead up to the May 9 polls.

“The ruling of the High Court is that because this application was filed in relation to Chua’s rejection by the returning office, which was in relation to his candidature for GE14, and therefore it relates to the election. 

”We will be refiling an application at the High Court to have his status declared and clarified once and for all."

Prior to that, a letter will be sent to the EC to seek its official stance on Chua’s general eligibility for election, Gurdial said, adding that they will proceed with the declaration should the EC maintain its GE14 stance. 

Before deciding to withdraw the appeal, Gurdial had applied to amend a section in the originating summons that mentioned GE14. This was rejected by the court, however. 

Umi Kalthum then suggested that a fresh declaration be filed, and called for a stand down to allow Gurdial to consult Tian Chua. 

She also rejected an application by counsel Alvin Julian, representing the returning officer and the EC, for RM10,000 in costs for the withdrawal. 

Alvin had argued that the EC was now “constrained to seek outside counsel” after it was denied the services of the Attorney-General’s Chambers following Umi's decision that the case was of public interest. - Mkini