The Kuching High Court has restored Ting Tiong Choon as Pujut state assemblyperson in its decision delivered today.

In a Facebook post by Sarawak DAP secretary Alan Ling today, he said the judge ruled that Ting's disqualification was not valid for a number of reasons.

Ting was disqualified by the Sarawak State Assembly on May 12 for allegedly having Australian citizenship.

This would mean that the planned Pujut by-election, with the polling date set for July 4, will not be held.

However, Sarawak BN may appeal the court decision.

In his decision today, Judge Douglas Primus Sikayun said that the constitution clearly states that if any party is dissatisfied with election results, they must make an election petition to the court.

The state assembly, the judge said, does not have any expressed powers to deal with the election results and that it is not a competent body to decide on constitutional issues, according to Ling's posting.

The judge also awarded the cost of RM100,000 to Ting.

Ting had filed an originating summons with the High Court Registry in Kuching on June 7, challenging his dismissal by the Sarawak Legislative Assembly.

This came after he was disqualified as the Pujut representative after a motion in the state assembly was tabled on May 12 to disqualify him for allegedly acquiring an Australian citizenship in 2012.

Later in the day, the Election Commission (EC) chief Mohd Hashim Abdullah said in a statement that they will obey the court's decision regarding this matter.

He also said the commission will hold a special meeting to discuss this issue.

Meanwhile, Ting hoped the case would serve as a lesson to other parties in following proper procedures.

"I have not done anything wrong and have not wronged the people of Pujut... and I slept well every night before the proceeding today," he told reporters outside the court.

Ting was disqualified on May 12 following a motion tabled by second finance minister Wong Soon Koh alleging that he was holding dual citizenship (Malaysian and Australian).

Subsequently, Ting filed an originating summons in the Kuching High Court to challenge the state legislative assembly's decision.

The Sarawak DAP chairperson Chong Chieng Jen concurred that the case was a lesson to everyone, "to respect the laws, the constitutions, the principle of natural justice and reasonableness in decision, policies and the laws".

Ting's leading counsel, Chong Siew Chiang said Ting won the case based on various grounds which included interpretation of the constitutions and natural justice.

He said state assembly speaker Amar Mohammad Asfia Awang Nassar did not give sufficient time to Ting to defend himself when the motion was moved at 10.30am and hurriedly made the verdict to disqualify him.

"So when that was not granted the speaker had broken the first link of natural justice and another one was, he cannot be the judge of his own case, and in this case the speaker was the prosecutor and also the judge, which is not allowed because it is the second link of natural justice," he said.

He also pointed to the judge's finding that the speaker had wrongly interpreted the law, in particular, Article 23(1) and 24(1) of the Federal Constitution.

"We are very happy about it (court's decision) and most importantly the judge has been working very hard to expedite the case.

"The decision was supposed to be made on Monday but he did it today and by virtue of his judgment today he saved a lot of labour, money, time and the work, not only for the government but also all the parties concerned.

"If he delivers his judgment on Monday you can imagine there will be a lot of money spent for nothing," he concluded.

- Bernama