“Dr Ting is going to file an originating summons against the EC and other interested parties, including the Sarawak State Assembly, the Speaker Datuk Amar Asfia Awang Nasar and the Sarawak state government as respondents”
KUCHING: Sacked Pujut assemblyman Dr Ting Tiong Choon will not file a legal challenge to stop the July 4 by-election to find his replacement, Sarawak DAP chairman Chong Chieng Jen said today.
Chong said stopping the Election Commision (EC) from holding the by-election would be pointless as the Federal Court had previously ruled that no no injunction can be issued against any government agency.
“Instead, Dr Ting is going to file an originating summons against the EC and other interested parties, including the Sarawak State Assembly, the Speaker Datuk Amar Asfia Awang Nasar and the Sarawak state government as respondents,” the lawyer and Kota Sentosa assemblyman told reporters here.
He explained that the originating summons will be filed at the Kuching High Court Registry tomorrow and will include a court declaration that Dr Ting is still the rightful elected lawmaker for Pujut.
Dr Ting was stripped of his Pujut badge on May 12 after a motion in the state assembly was tabled to disqualify him for allegedly acquiring an Australian citizenship in 2012.
The motion, tabled by state International Trade and E-Commerce Datuk Wong Soon Koh, was supported by 70 state Barisan Nasional assemblymen and opposed by 10 from the Opposition.
The EC has scheduled June 20 as nomination day for the Pujut by-election and July 4 as polling day.
Chong, who is also Bandar Kuching MP, said the Dr Ting will apply for a certificate of urgency for the High Court to the hear the summons before nomination day.
Chong expressed hope that the EC will not proceed with the by-election once the case has been filed in court.
“We expect some decency and respect for the court process to take its course once the matter has been filed,” he said, claiming that it will be sub judice if the EC goes ahead with the by-election.
He said the commission has ample time to consult the Attorney-General’s Chambers on the legality of holding the by-election.
Source: The Malay Mail Online