This article first appeared in The Edge Financial Daily on November 7, 2019

KUALA LUMPUR: PKR vice-president Chua Tian Chang, better known as Tian Chua, can now contest in any election or be appointed a senator in Malaysia after the High Court here yesterday declared that the Election Commission’s (EC) move to bar him from contesting in the 14th general election (GE14) last year was unjust and not equitable.

The case was heard before High Court Judge Datuk Seri Mariana Yahya yesterday.

Chua’s lawyer Datuk Dr Gurdial Singh Nijar told reporters yesterday that the EC’s move to reject Chua’s candidacy to defend the Batu parliamentary seat during GE14 was unlawful.

“This (the EC’s decision) was based on his two convictions, [which] had not resulted in his disqualification to contest in any election. This (non-disqualification) was not only verified by the court but also the then speaker (Tan Sri Pandikar Amin Mulia).

“[So] it was unfair for the EC to reject his nomination. As a result of the EC’s decision last year, he lost his pension [as a former member of parliament], but this is now being restored,” Gurdial said. If an elected representative retires after serving one term, the individual is entitled to a pension.

As such, Justice Mariana declared that Chua is now able to contest in any election, according to Gurdial. The High Court’s decision yesterday also means Chua can now be appointed a senator, Gurdial said.

Justice Mariana delivered the decision in chambers, while Chua’s supporters were ushered out while awaiting her decision. She did not make any order as to costs.

It was previously reported that Chua’s candidacy to defend his Batu parliamentary seat was rejected by the EC returning officer, a decision made based on him having been fined RM2,000 by the Shah Alam High Court in March last year for insulting the modesty of a police officer.