KUALA LUMPUR (THE STAR/ASIA NEWS NETWORK)- Opposition politician Tian Chua has failed to initiate legal proceedings against the Election Commission (EC) to reverse the rejection of his nomination to contest in next week's election.
High Court judge Justice Nordin Hassan made the ruling after allowing the preliminary objections raised by the Attorney-General's Chambers on Friday (May 4).
Justice Nordin dismissed Mr Chua's suit on grounds that the court has no jurisdiction on the validity of returning officer's decision to reject the nomination.
He said Mr Chua should file his suit by way of an election petition.
Named as the respondents in this suit are the returning officer Anwar Md Zain and the EC.
In his originating summons filed on Monday, Mr Chua has sought to reverse the rejection of his nomination last Saturday.
He also sought a declaration that he is entitled to contest and be nominated for the Batu parliamentary seat.
Mr Chua was disqualified from defending his seat by returning officer Mr Anwar, who said that the RM2,000 (S$675) fine imposed on the politician in March this year for insulting a police officer made him ineligible to contest.
Malaysian law disqualifies an MP from public office if he is sentenced to imprisonment for a term of not less than one year or is fined not less than RM2,000.
Mr Chua, whose real name is Chua Tian Chiang, is vice-president of Parti Keadilan Rakyat (PKR) and has held the Batu seat for two terms from 2008.
His party has appointed 22-year-old law student P. Prabakaran as its candidate for the hotly contested ward which is also contested by the ruling Barisan Nasional and Parti Islam SeMalaysia.
Meanwhile, a PKR candidate who failed to register to contest for a state seat in Negeri Sembilan on April 28 as he did not have an Election Commission (EC) pass to enter the nomination hall, said his query received "a static response" from the commission.
Dr Streram Sinnansamy said in a statement on Friday that instead of replying to his questions on why he was barred and if there were regulations on wearing an EC pass to be allowed entry into the hall, the commission in its response showed him the fact that the Rantau seat had been won uncontested.
The winner was incumbent Negeri Sembilan Menteri Besar Mohamad Hasan.
Dr Streram said he is planning to sue the EC and the returning officer over the matter.