KUALA LUMPUR: A Malaysian High Court on Friday (May 4) rejected Tian Chua’s bid to reverse the Election Commission's (EC) decision to disqualify him from contesting the Batu parliamentary seat in the upcoming general.
Chua, who is vice president of Parti Keadilan Pakyat (PKR) was barred from contesting the election on Nomination Day on Apr 28.
Chua told Channel NewsAsia that his party will now use their machinery to back an independent candidate, P Prabakaran, who is contesting the May 9 poll.
“I am very disappointed with the court decision. The court has abdicated its responsibility to reaffirm the High Court’s decision that I am a qualified candidate,” said Chua.
Justice Nordin dismissed Chua's suit on grounds that the court has no jurisdiction on the validity of returning officer's decision to reject the nomination.
The judge said he should have filed the suit by way of an election petition and not by an originating summons.
In his suit filed on Apr 30, the former Batu member of parliament is seeking a court declaration that he was entitled to be nominated for and to contest for the seat, according to Article 48(1)(e) of the Federal Constitution.
Chua’s nomination was rejected by the Returning Officer on the basis that the Shah Alam High Court had fined him RM2,000 (US$508) on Mar 2 for insulting a police officer.
The amount had been reduced from RM3,000, which had been imposed by the Petaling Jaya Sessions Court in 2017.
In his application, Chua also claimed that he was allowed to contest the 2013 general election despite being fined RM2,000 by a court in 2009 for biting a policeman at a protest in 2007.
“To reject our appeal it’s in a way giving the green light to Barisan Nasional to deny us the elections. We will appeal this decision,” said Chua.
“We will now channel our election machinery to support independent candidate Prabakaran in Batu."