Tian Chua can file a petition in court - EC Chairman




Mohd Hashim Abdullah. (File photo)

PUTRAJAYA, April 28 (Bernama) -- PKR vice-president Tian Chua can submit a petition in court in regard to the Election Commission's (EC) decision to reject his nomination to contest the Batu parliamentary seat in the 14th General Election (GE14).

EC chairman Tan Sri Mohd Hashim Abdullah said Tian Chua could exercise his right to seek justice and let the court determine the legitimacy of the returning officer's decision to reject his nomination papers.

"If he (Tian Chua) is dissatisfied, he can take matter to court. Submit a petition and bring it to justice. The EC will accept whatever the court decides," he told a press conference on the GE14 nomination here today.

Tian Chua, whose real name is Chua Tian Chang, had his nomination papers rejected at the nomination centre for the Batu parliamentary seat over his conviction for insulting a police officer four years ago.

Mohd Hashim said the returning officer decided to reject Tian Chua's nomination papers after checking the law and regulations pertaining to the court's decision on the case.

"The amount of fine imposed by the court is probably the reason he is disqualified from contesting," he said.

Mohd Hashim said if Tian Chua decided to submit a petition, then the final decision on whether or not Tian Chua is qualified to contest in the GE14 could only be made by the court.

"Let's not say that he cannot contest because we don't know what the court will decide," he said.

Earlier, Returning Officer Anwar Mohd Zain rejected Tian Chua's nomination papers based on Article 48 of the Federal Constitution, which states that an MP is disqualified if sentenced to jail for a term of not less than one year or is fined not less than RM2 000 and has not received a pardon.

In March 2017, Tian Chua was convicted by the Petaling Jaya Sessions Court for the charge of insulting a police officer in 2014 and was fined RM3,000.

In March 2 this year, the High Court allowed the appeal filed by Tian Chua and reduced the fine to RM2,000.

Meanwhile, Mohd Hashim said the EC was awaiting the full report from the returning officer involved in the case of PKR candidate for Rantau state seat, S. Streram, who could not submit his nomination papers because he forgot to bring his candidate pass as required by the EC.

"We should not make any allegation and right now, we can only advise any dissatisfied parties to submit a court petition," he said.

Following the incident, Negeri Sembilan Menteri Besar Datuk Seri Mohamad Hasan won the Rantau seat uncontested.

-- BERNAMA