KUALA LUMPUR: PKR vice-president Tian Chua has filed an originating summons against the Election Commission (EC) for not allowing him to defend the Batu parliamentary seat on Nomination Day on Saturday.
The summons was filed by Messrs Ngeow & Tan at the High Court registry at 9.45am today.
Tian Chua or his real name Chua Tian Chang, 55, was not present. He was represented by his lawyer Ngeow Chow Yin.
He named the EC and returning officer Anwar Mohd Zain as the first and second respondents.
Tian Chua’s nomination was rejected on the basis that the Shah Alam High Court, on March 2, had fined him RM2,000 for insulting the modesty of a police officer.
He was also convicted last year of insulting a policeman and fined RM3,000, in default of three months’ jail.
He appealed and the High Court last month reduced the fine to RM2,000 as the offence did not involve bodily harm.
Based on the writ, the former Batu Member of Parliament is seeking a court declaration that he was an eligible candidate to contest for the seat, according to Article 48(1)(e) of the Federal Constitution.
Through his lawyer, Tian Chua argued that a fine of RM2,000 will not affect his rights or status as a candidate.
He added that in the previous polls, the 13th General Election, he was allowed to contest despite being fined RM2,000 by the court then.
