KUALA LUMPUR: 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 Mariana Yahya set the date in chambers after hearing submissions from lawyer Gurdial Singh Nijar, representing Tian Chua, 56, the plaintiff, and Senior Federal Counsel Azizan Md Arshad and Maisarah Juhari, acting for the Election Commission, the respondent.
Tian Chua had filed an originating summons on April 26 to seek a court declaration that he is eligible to contest in the general election and by-elections.
He also sought a declaration that it is unfair to deny him his eligibility and right to contest 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 for two offences, were clear that his eligibility to contest in elections was not negated by the sentences.
He said then Dewan Rakyat speaker Pandikar Amin Mulia had also made an announcement that his status as an MP remained unaffected and had not received any objections against it.
Tian Chua also pointed out that he had contested and won the Batu seat in the 13th general election without any objection raised.
He said the returning officer for the same seat in the 14th general election (GE14) failed to take all these facts into consideration and caused his candidacy to be rejected and denied him the chance to defend the seat
Tian Chuia received his fines for insulting the modesty of a police officer by using foul language and for obstructing a civil servant from carrying out his duties.