Court - Tian Chua can contest future polls, GE14 disqualification null

The Kuala Lumpur High Court has ruled that PKR vice-president Tian Chua is free and eligible to contest in future elections and that his disqualification as a candidate in the 14th general election (GE14) was not valid.

"Now that the court has reaffirmed that I have my constitutional rights, I should not be denied as a citizen in this country to contest in elections and also to serve as a legislator.

"So this is most important, we want to bring a message that for the future, we hope public institutions like the EC should abide by the constitutional spirit and not become tools of political powers to deny the rights of individuals," said Tian Chua.

He was speaking to reporters outside the courtroom after the decision was delivered in chambers by Kuala Lumpur High Court judge Mariana Yahya.

In last year's general election, the EC had disqualified Tian Chua as a candidate for the Batu parliamentary seat on April 28, nomination day itself.

The returning officer at that time made the decision based on a March 2, 2018, Shah Alam High Court ruling which saw Tian Chua fined RM2,000 for insulting the modesty of a police officer.

The decision was at odds with the one made during 13th general election when Tian Chua was allowed to contest in Batu despite a separate, earlier conviction for which he was also fined RM2,000.

In GE14, after his disqualification, Tian Chua endorsed P Prabakaran, who stood as an independent for the Batu seat. Prabakaran went on to win the seat and later joined PKR.

Tian Chua's originating summons challenging his disqualification named the EC as the sole respondent and was filed by legal firm Messrs Ngeow and Tan at the Kuala Lumpur High Court Registry on April 26 this year.

He had sought a declaration that he was still qualified to stand as a candidate because two separate High Courts had ruled that the RM2,000 fine levied against him did not jeopardise his eligibility to do so.

Previously, in July last year, he had withdrawn an appeal before the Court of Appeal concerning his disqualification to stand as a candidate in the Batu parliamentary constituency for GE14. - Mkini