KUCHING: The case management for former Pujut assemblyman Dr Ting Tiong Choon’s Originating Summons to challenge the State Legislative Assembly’s (DUN) decision to disqualify him as the member of the august House has been fixed for today at 9am.
According to Wong King Wei, a lawyer in Dr Ting’s legal team, the case management proceeding will be held before High Court Judge Datuk Douglas Cristos Primus Sikayun at the Kuching High Court.
“The early date was fixed pursuant to the Certificate of Urgency under my (Wong) name,” Wong said in a press statement yesterday.
Dr Ting has named DUN speaker Datuk Amar Mohd Asfia Awang Nassar, Second Finance Minister Dato Sri Wong Soon Koh, the DUN, the state government and the Election Commission (EC) as the respondents.
Dr Ting is seeking a declaration that his disqualification as a duly elected member of the DUN for the Pujut state constituency by Asfia, pursuant to a Ministerial Motion moved by Soon Koh dated May 12 and adopted by the DUN and speaker, is null, void and of no effect for being ultra vires of the law.
He is also seeking a declaration that the proceedings and decision taken in the DUN culminating in his disqualification on May 12 is not immune from scrutiny by the court, besides wanting a declaration that his disqualification by the DUN is against the rules of natural justice.
Apart from that, Dr Ting wants a declaration that his disqualification on May 12 by the DUN is in contravention to the Constitution of the State of Sarawak, particularly Article 17(1)(g) thereof and/or Article 118 of the Federal Constitution and/or Article 121 of the Federal Constitution.
He is also seeking for a declaration that his disqualification can only be made by way of Election Petition as provided in the Election Offences Act 1954 which had already been exhausted prior to the decision of the DUN.
Dr Ting also wants a declaration that the DUN has no power to interpret the law so as to make a finding of facts and law relating to whether he is disqualified under Article 17(1)(g) of the Constitution of the State of Sarawak.
Besides wanting a declaration that any by-election of the Pujut state constituency be stayed and postponed until the disposal of this case by the court, he also wants an order that the decision of his disqualification be stayed until the disposal of this case by the court.
Dr Ting also wants the court to declare that he is entitled to remuneration, benefits and other privileges granted to him under the provisions of the Constitution of the State of Sarawak pursuant to members of the Administration and Members of the Dewan Undangan Negeri (Remuneration, Pension and Gratuities) Ordinance 2013.
He is also seeking for damages and any further or other relief deemed fit and proper by the court.
Dr Ting was stripped of his membership after 70 state Barisan Nasional (BN) lawmakers supported the motion tabled by Soon Koh, while 10 from the opposition rejected it.
In his motion, Soon Koh claimed that Dr Ting had breached Article 17(1)(g) of the State Constitution when he acquired an Australian citizenship, exercised his right to register as an Australian voter and pledged allegiance to a country outside the Federation of Malaysia.
Therefore, he claimed Dr Ting was not a fit and proper person to be the state assemblyman for Pujut.
Following the disqualification of Dr Ting as an assemblyman for Pujut, the EC had fixed a by-election for the state constituency with the polling date on July 4 while nomination will be on June 20.