GE14 | Those unhappy with decisions made during nomination day are welcome to take the matter up to court, Election Commission (EC) chief Mohd Hashim Abdullah said.  

He said this when asked why PKR vice-president Chua Tian Chang, or Tian Chua, had had his nomination papers rejected when filing them at the Batu nomination centre today.

“Decisions made during the nomination period are made by the Returning Officer (RO).

“So whoever, any of the candidates, who feel they need to object they can do it through a petition, and then taking it to court.

“There is no point to question us here, the incident did not happen here but it happened where they were. Therefore, I hope that when they bring this to court, let the court make a decision,” Mohd Hashim said in a press conference at the EC headquarters in Putrajaya today.

When pressed on why Tian Chua had been allowed to contest back in 2013 despite an RM2,000 fine placed on him at the time, he referred to the grounds given by the RO.

“You need to look at this from the (section) of the law that was applied to him...the amount of fine that was applied to him that the court decided.

“May this was the reason used by the RO...maybe the amount (of fine) was what made him (Tian Chua) lose his qualifications to contest,” he said.

Despite today’s proceedings, Mohd Hashim did not rule out Tian Chua’s chances of contesting in GE14.

“We don’t know the decision that will be made in court, don’t say he can’t contest.

“Even if he can’t make it (in time for elections), there are many ways to conduct elections,” he said, without explaining further.

Earlier this morning, RO Anwar Mohd Zain had disqualified the incumbent Batu MP based on a March 2 ruling by the Shah Alam High Court, which had fined Tian Chua RM2,000 for insulting the modesty of a police officer.

The decision was at odds with that of the 13th general election, when the returning officer then allowed Tian Chua to contest in Batu, despite a separate conviction where Tian Chua was also fined RM2,000.

In the case of both his previous convictions, in 2010 and March this year, the Dewan Rakyat did not disqualify Tian Chua as an MP.

Today, he decried the RO’s decision as being an “unfair interpretation” of the law and lodged a police report against his disqualification. He has also vowed to take the matter to court.

No report yet on Rantau

Meanwhile, Mohd Hashim answered similarly when asked why PKR’s candidate for the Negeri Sembilan state seat of Rantau, Dr S Streram, had been disallowed from entering the nomination hall to be nominated for not bringing his EC pass.

Streram’s proposer and seconder did not have their EC passes with them either.

Candidates in the past have been able to be nominated despite not showing up on nomination day in person.

Mohd Hashim admitted that he had not received the full report on what had transpired, but repeated that dissatisfied parties were able to appeal.

“I am still waiting for the full report from the RO, I will not make any allegations.

“In the present time frame, I ask that those who are dissatisfied with the decision made by any parties to appeal, it is not a problem,” he answered.

PKR vice-president Rafizi Ramli claimed that EC officials and police officers had intentionally obstructed Streram from entering the nomination room until after the nomination period was over.

Inspector-general of police Mohamad Fuzi Harun subsequently denied the allegation.

As a result of Streram’s unsuccessful nomination bid, caretaker Negeri Sembilan menteri besar Mohamad Hasan has won the Rantau seat uncontested.