KUCHING: High Court Judge, Justice Datuk Douglas Cristo Primus Sikayun yesterday ordered Dr Ting Tiong Choon to be restored as the Pujut state assemblyman and declared that there was no vacancy for the Pujut seat.
The judge came to the decision after judging the originating summons filed by Dr Ting of the Democratic Action Party (DAP) to challenge his disqualification as the Pujut state assemblyman last month.
He also ruled as unlawful the State Legislative Assembly’s decision to disqualify Dr Ting as the Pujut assemblyman.
The verdict means that there is no by-election in Pujut even though the Election Commission has fixed 20 June for nomination and 4 July for polling.
The High Court granted a declaration sought by Dr Ting that his disqualification as the Pujut state assemblyman by the Sarawak State Legislative Assembly (Sarawak DUN) on 12 May was against the rule of natural justice.
“Article 118 of the Federal Court clearly provides that any party dissatisfied with the election result must take the case up for election petition.
“The Election Court has exclusive jurisdiction if election result is challenged.
“The Dewan (State Legislative Assembly) has no expressed powers to deal with the election result,” said Douglas when delivering his verdict in a packed court room.
The judge also found that the DUN Speaker, Datuk Mohamad Asfia Awang Nassar, who was named as the first defendant in the originating summons, did not give Dr Ting adequate time to defend himself when the ministerial motion was moved against him during the State Assembly Sitting on 12 May.
“The rule of natural justice has not been complied with and adhered to,” he said.
Douglas also ordered Asfia and State International Trade and E-Commerce Minister, Dato Sri Wong Soon Koh, who was named as the second defendant in the suit, to jointly pay RM100,000 in costs to the plaintiff.
Dr Ting had originally named Sarawak DUN as the third defendant and the state government and Election Commission as the fourth and five defendants respectively.
The state government was, however, struck out as a defendant.
Dr Ting, when met after the proceedings, said he was relieved with the outcome. His legal team, led by Chong Siew Chiang, comprised six other lawyers.
