Tian Chua disqualified due to RM2k fine (Updated)

KUALA LUMPUR: PKR vice-president Tian Chua, who held the Batu parliamentary seat since 2008, has been disqualified from contesting in the constituency in the 14th General Election (GE14).
Rejecting his nomination at about 11.15am, election returning officer Anwar Md Zain said he was advised by the Election Commission (EC) to disqualify the nomination due to a RM2,000 fine imposed on March 2.

"I have examined all the five nominations filed, I am satisfied (with the decision) to reject Tian Chua's nomination whereas all the other candidates can contest in this constituency.
"Before I made that decision to disqualify any candidate, I have consulted the Election Commission and based on its advise that Tian Chua was fined RM2,000 in a recent court case.
"Initially it was RM3,000 but later reduced to RM2,000. Thus he does not qualify to contest," he told a press conference after announcing the candidates for the Batu parliamentary constituency today.
Anwar said the decision to disqualify Tian Chua was made according to Section 7(1)(c) of the Elections (Conduct of Elections) Regulations 1981, which is read together with Article 48(1)(e) of the Federal Constitution.
Section 7(1) (c) gives any electorate or candidate in a constituency to object to a nomination paper if it is apparent from the contents of the nomination paper that the candidate is not capable of being elected as a member of the Dewan Rakyat or a State Legislative Assembly.
Article 48(1)(e) provides for the disqualification for membership of Parliament if the person has been convicted of an offence by a court of law and sentenced to imprisonment for a term of not less than one year, or to a fine of not less than RM2,000 and has not received a free pardon.
When said that the court's judgement had stated that Tian Chua was not disqualified as MP then, Anwar said: "The law states 'not less than RM2,000', so even if Tian Chua was imposed a fine of RM1,999.99, he would have been qualified to contest. But his fine was RM2,000."
However the High Court's grounds of judgement, cited by theSun, has clearly stated that Tian Chua would only be disqualified if "the fine was RM2,001 and above and not from RM2,000".
"... I am satisfied and am of the opinion that the RM2,000 fine does not make the appellant automatically lose his qualification because in order for him to be disqualified, the fine would be RM2001 and above and not from RM2,000 onwards," the High Court judgement stated.
Citing Article 48(1)(e) of the Federal Constitution, the High Court said that this penalty imposed by the court will not give any implication in an election in the Batu constituency.
On March 2 of this year, the Shah Alam High Court had rejected an appeal by Tian Chua, who was convicted for the charge of outraging the modesty of a police officer by using foul language, four years ago.
On March 9, 2017, the Petaling Jaya sessions court had fined Tian Chua RM3,000 after he was found guilty of the charge.
However, Judicial Commissioner Datuk Ab Karim Ab Rahman reduced the fine to RM2,000.
He had reportedly outraged the modesty of Deputy Superintendent Glenn A. Sinappah who was working at the Petaling Jaya Police Station by saying "stupid police" and other foul words outside the lobby of Armada hotel here at around 7.45pm on April 14, 2014.
He was charged under Section 509 of the Penal Code that carries a maximum jail term of five years and a fine, or both.
Prior to this, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia had in 2011 also made a ruling that Tian Chua would remain as Batu MP and the RM2,000 fine for an offence committed in 2007 would not automatically remove him from his role as MP.