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02 May 2018

Former Election Commission Chief - RO should not have rejected Tian Chua's Nomination Papers, Rule for EC Pass nothing to do with Nomination requirement


RO should not have rejected Tian Chua's nomination papers: Former EC chief
Posted on 1 May 2018 - 05:36pm
Last updated on 1 May 2018 - 11:21pm


Kong See Hoh
newsdesk@thesundaily.com
THE SUN

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PETALING JAYA: Former Election Commission (EC) chief Tan Sri Abdul Rashid Abdul Rahman said the returning officer (RO) handling Chua Tian Chang's nomination papers should not have rejected the PKR vice-president's nomination when it is not very clear whether a fine of RM2,000 in the court of law disqualifies a person from contesting in an election.

Chua, the incumbent Batu MP who is better known as Tian Chua, was disqualified by the RO who said the politician's RM2,000 fine from a conviction on March 2 made him ineligible to contest.

Tian Chua is challenging the EC's decision in the Kuala Lumpur High Court which is to hear the case tomorrow (Thursday).

Asked by Nanyang Siang Pau for his comment on the disqualification, Abdul Rashid said: "In fact, the returning officer has no right to reject Tian Chua's nomination papers because the Parliament (prior to its dissolution), following the RM2,000 fine imposed on Tian Chua by the (Shah Alam) High Court on March 2, had allowed Tian Chua to remain as an MP and perform his duties as a parliamentarian."

"An MP's status is decided by the Parliament, not a returning officer," he said.

Abdul Rashid said during his tenure as EC chief, no potential candidates had been disqualified because of a court conviction.

In this case, the RO should have accepted the nomination papers, he said, adding that if the incumbent MP is re-elected, the losing candidates can challenge the result if they are not happy.

Seventy-six-year-old Abdul Rashid, who was EC chief from 2000 to 2008, is currently a vice-president of Parti Pribumi Bersatu Malaysia.

He is contesting in the Kelantan state seat of Kota Lama.

On PKR's Rantau candidate Dr S. Streram being barred from the nomination centre for not having the EC pass to enter the nomination centre, Abdul Rashid said the rule for an EC pass does exist but it has nothing to do with nomination requirements.

"During my days with the EC, it has never touched on that little-known regulation.

"As long as the candidates have the nomination papers and money, they can file their nominations.

"The Rantau seat for sure will see a court case on the matter," he said.

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