Court rejects Tian Chua’s challenge on EC
V Anbalagan | May 4, 2018
FMT
Judge Nordin Hassan says Tian Chua's complaint is an election dispute, and that he has no authority to hear it.
KUALA LUMPUR: The High Court today ruled that it has no jurisdiction to determine whether Tian Chua is qualified to contest in the general election.
Justice Nordin Hassan, in allowing the preliminary objection by the Election Commission (EC), said he found that Tian Chua’s complaint was an election dispute.
“The rejection of his nomination paper is part of the election process,” he said.
He added that Article 118 of the Federal Constitution said that any dispute of the election of persons to the state and federal legislative assemblies should be determined through an election petition.
Nordin also said he was not appointed as election judge and therefore had no authority to hear the complaint.
“As such, the suit is dismissed without costs,” he said.
On Monday, Tian Chua had filed a suit for the court to determine whether he could contest in the May 9 election.
This was after he was disqualified on nomination day by returning officer Anwar Mohd Zain as he had been fined RM2,000 in March for a criminal offence.
Yesterday, the EC raised a preliminary objection that the civil court had no jurisdiction to hear Tian Chua’s complaint.
Government lawyer Amarjeet Singh said Tian Chua could only file an election petition after the general election.
Lawyer Gurdial Singh Nijar, who appeared for Tian Chua, said however that his client was not challenging an election result, only asking for the court to rule on his legal status.
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