Chua Tian Chang, better known as Tian Chua, remains the member of parliament for Batu until the Dewan Rakyat votes on a motion to determine his position following the Kuala Lumpur High Court's imposition of a reduced RM2,000 fine on him for injuring a policeman, Dewan Rakyat Speaker Pandikar Amin Mulia said today.

The motion could only be tabled after the PKR strategy director had exhausted all legal avenues, he told reporters at his

office in Kuala Lumpur.

"He remains an elected representative until he has exhausted all legal avenues and the matter is raised in parliament, and parliament will make a decision unless he gets a pardon," he said.

Last Thursday, High Court Judge Ghazali Cha set aside a six-month imprisonment and RM3,000 fine imposed by the Magistrate's Court on Tian Chua for injuring a policeman in 2007 and replaced it with a RM2,000 fine or two-month imprisonment.

Following the decision, MP for Bukit Gelugor Karpal Singh, who is also a lawyer, said Tian Chua must vacate his parliamentary seat.

Karpal Singh, who is also the DAP chairman, said the parliamentary seat must be declared vacant under Article 48(1)(e) of the Federal Constitution which states that a member of parliament is disqualified if he is found guilty by the court and sentenced to not less than one year in jail or fined not less than RM2,000 and he did not get a pardon.

Pandikar Amin said today the decision to remove or retain a member of parliament did not rest with the speaker but had to be made by a vote taken in the Dewan Rakyat.

"I, as the speaker, cannot write to notify the Election Commission that a seat has fallen vacant. This must be determined by parliament," he said.

Pandikar Amin said he met with Tian Chua today to seek an explanation on the case.

Meanwhile, Tian Chua, when approached, said anyone who did not agree with Judge Ghazali's judgement could challenge the decision.

Tian Chua's lawyer Ranjit Singh met the judge in chambers today and told reporters later that the RM2,000 fine or two month's jail on Tian Chua was aimed at preventing a by-election.

- Bernama