KUALA LUMPUR (Oct 14): The High Court here today fixed Nov 6 to deliver its decision on whether former Batu MP Chua Tian Chang, better known as Tian Chua, can contest in elections.
Judge Datuk Seri Mariana Yahya set the date in her chambers after hearing submissions from lawyer Datuk Gurdial Singh Nijar, representing Tian Chua, 56, who is the plaintiff, and Senior Federal Counsel Azizan Md Arshad and Maisarah Juhari, acting for the Election Commission, the respondent.
When met outside the court, Tian Chua said the decision will be delivered at 2.30pm on Nov 6.
On April 26, Tian Chua had filed an originating summons to seek a court declaration that he is eligible to contest in the general election and by-elections.
Tian Chua also sought a declaration that it was unfair to deny his eligibility and right to contest (in elections).
Based in his supporting affidavit, Tian Chua claimed that he is qualified to do so according to Article 48(1)(e) of the Federal Constitution.
According to him, the decisions on his cases at the Kuala Lumpur High Court and Shah Alam High Court, both of which fined him RM2,000 over two offences, were clear that his eligibility to contest in elections was not negated by the sentences.
He further said the then Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia had also made an announcement that his status as an MP remained unaffected and had not received any objections about it.
He also cited that he had been a candidate, contested and won the Batu seat in the 13th General Election without any objections whatsoever.
Thus, he said the Returning Officer for the Batu seat in the 14th General Election (GE14) failed to take all of these facts into consideration and caused his candidacy to be rejected and denied him the chance to defend it.
He was fined the amount by the two high courts, one for insulting the modesty of a police officer by using foul language and the other for obstructing a civil servant from carrying out his duties.