KUALA LUMPUR (May 4): The appeal to be filed by PKR vice-president Tian Chua following today’s decision by the High Court to reject his legal action against the Election Commission (EC), will not be rendered academic, says his lawyer.

This will be so, even if the appeal is heard after the May 9 general election, said counsel Datuk Dr Gurdial Singh.

This is because there must be a judicial pronouncement of Chua’s legal status that is binding on the EC, to prevent such situations from happening again, Gurdial said.

The High Court rejected Chua’s legal action over the EC’s decision to disqualify him as a candidate for the Batu Parliamentary seat on nomination day (April 28).

Justice Datuk Nordin Hassan said the court has no jurisdiction to hear the matter or to determine the validity of the returning officer’s decision in rejecting Chua’s nomination papers.

Nordin said the jurisdiction to hear the case, lay with the election judge under the Election Offences Act.

Gurdial said the implication of the court’s decision is far-reaching.

“It means if a person is disqualified as a candidate, there is no immediate legal recourse to challenge. This is a blow to free and fair election,” he added.

Nordin in his judgment said Chua should have filed the suit by way of an election petition.

However, Gurdial pointed out that an election petition can only be filed after the general election result is gazetted, and in the meantime, there must be a legal recourse for Chua.

Gurdial said Chua’s legal team is of the view that the originating summons filed in the High Court by Chua to seek a declaration that he is eligible to stand as a candidate for Batu, is an appropriate action.

Chua’s nomination was rejected by the returning officer, on grounds that he had been fined RM2,000 by the court in 2017, for insulting the modesty of a police officer by using foul language.