Incumbent Batu MP Tian Chua cannot contest in the 14th general election and defend his seat, as the High Court in Kuala Lumpur today rejected his originating summons.

Justice Nordin Hassan in allowing the preliminary objection by the Attorney-General Chambers said the application is mainly a challenge on the process of elections, where the filing of nomination papers is part of an election.

He further cited Article 118 of the federal constitution where any challenge on the election results should be by way of an election petition and the matter should be heard before an election judge.

"Therefore, as he is challenging the acceptance of the nomination paper, it should be by an election petition. This is an election matter. 

"I also do not have the jurisdiction and power to hear election petition cases.

“The filing of this originating summons contravenes Article 118. Based on this, the application is dismissed with no order as to costs, " he said.

In election petition cases, the Chief Justice will hear the case or he will appoint an election judge.

Tian Chua, whose real name is Chua Tian Chiang is seeking a declaration that he is qualified to contest as stipulated under Article 48 (1) (e) of the Federal Constitution, and another declaration that he can contest in the 14th general election.

The Election Commission's returning officer Anwar Mohd Zain disqualified him on nomination day, saying it was because Chua had previously been fined RM2,000 for insulting a policeman.

In his originating summons, the PKR vice-president named Anwar and the EC as defendants.

The High Court had earlier, in another case, ruled that an RM2,000 fine does not disqualify an elected MP from contesting again, which made Tian Chua eligible to defend the seat he won in the 13th general election.