Uh-oh, Tian Chua is officially out of the game!
Today (4 May 2018), Malaysiakini reported that Chua Tian Chang – who’s commonly known as Tian Chua – will no longer be able to contest for GE14. Oh no!
Source: Malay Mail
This is because High Court judge, Justice Nordin Hassan had dismissed his suit as the court has no power over the “validity of returning officer’s decision to reject the nomination”, according to The Star.
He then quoted Article 118 of the federal constitution, which states that any challenge against the election results must be done with an election petition and that the petition should be heard before an election judge.
“Therefore, as he is challenging the acceptance of the nomination paper, it should be by an election petition.”
“I also do not have the jurisdiction and power to hear election petition cases.”
“The filing of this originating summons contravenes Article 118. Based on this, the application is dismissed with no order as to costs,” he said.
Source: The Sun
However, before this, the High Court ruled that Tian Chua was qualified to contest in GE14 even though he was slapped with a RM2,000 fine for “insulting the modesty of Deputy Supt Glenn A. Sinappaah” at the main entrance of a hotel at 7.45pm on 14 April 2014.
The Batu’s MP was originally fined RM3,000 for hurling the words “stupid police” and “bastard” at the man on duty, but his fine was later reduced to RM2,000 by the Shah Alam Court, so that he can remain the MP for Batu.
However, the fine later came back to haunt him as he was disqualified to contest in GE14 by returning officer, Anwar Mohd Zain. Anwar made the decision according to Section 7(1)(c) of the Elections (Conduct of Elections) Regulations 1981, Article 48(1)(e), which states that the fine has to be “not less than RM2,000”.
Meaning, Tian Chua can only contest if the fine is RM1,999.99 or less. Damn!
Nevertheless, this predicament hasn’t stopped Tian Chua from participating in GE14 as the PKR vice president has decided to endorse an independent candidate, P Prabakaran.
Source: FMT
FYI, Prabakaran is a 22-year-old law student and the youngest candidate to contest in GE14. Wow!
Thus, through Prabakaran, Tian Chua intends to defend Batu’s parliamentary seat for the opposition. He also added that his decision to endorse the young candidate has been approved by Harapan leaders.
“Prabakaran is young and energetic and I will help mentor him as he faces the general election.”
“We will be printing pamphlets so that the people of Batu will choose him, and the key symbol. It is important for the Batu seat to remain with Pakatan (Harapan),” said Tian Chua whilst adding that he will be campaigning for Prabakaran in Batu.
Well, it looks like things have turned out well at last! Hopefully, Tian Chua would be able to reach his goal of retaining Batu’s parliamentary for the opposition.
On a side note, do you think the High Court’s final ruling is fair for Tian Chua? Let us know in the comments below!
Also read: 3 Ways Tian Chua Can Possibly Contest Again for GE14 According to Experts
