The Election Commission appears to be in agreement with Dr Dominic Lau, the BN candidate petitioning against the May 5 Batu parliamentary seat result, that the incumbent and PKR vice-president Tian Chua should not have been allowed to contest in the 13th general election.

NONE Tian Chua's lawyer, Edmund Bon, said this today when raising a preliminary objection to Lau's ( left ) petition, citing that the election petition went against the decision of the Kuala Lumpur High Court that imposed the RM2,000 fine on Tian Chua in June 2010.

"The High Court judge in his decision clearly said the fine would not result in Tian losing his seat or for a by-election be called for Batu. The EC was also in an agreement on this by issuing a letter dated April 19, 2013, saying that Tian Chua can contest," Bon said.

He raised the matter during the case management of the election petition filed by Lau on the May 5 result for the Batu parliamentary seat, which was heard in chambers by election judge Justice Zabariah Yusof.

Lau in his petition cited the RM2,000 fine issue as a cause to disallow Tian Chua to contest in the May 5 general election, arguing that Article 48 provided for the PKR vice-president's disqualification from contesting as a result of the fine.

Senior federal counsel Alice Loke, who represented the EC, said she did not object to Lau's application.

This, Bon said, meant that EC supports Lau's petition in not raising any objection and questions the results of the election.

July 24 for Pantai Dalam petition

"I think this is the first time in the country's history that the EC, represented by the Attorney-General's Chambers is conceding that its returning officer for Batu was wrong in allowing Tian Chua to contest," Bon said outside the court.

It is learned that Lau's lawyers will file an application with the Federal Court tomorrow to determine whether the RM2,000 fine meant that the PKR vice-president could not contest in the 13th general election.

Besides Lau's petition, on which the preliminary objections will be heard July 22, Justice Zabariah also fixed July 24 to hear preliminary objections on the election petition against the result of the Lembah Pantai parliamentary seat, which was won by Nurul Izzah Anwar of PKR.

Justice Zabariah also fixed July 17 to hear preliminary objections to the Setiawangsa parliamentary seat and July 23 for the Titiwangsa seat. The Setiawangsa and Titiwangsa parliamentary seats were won by BN's Ahmad Fauzi Zahari and Johari Abdul Ghani respectively.