EC chairman: EC will not proceed with by-election for Pujut

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KUCHING: The Election Commission (EC) will not proceed with the by-election for Pujut following Kuching High Court’s ruling yesterday to reinstate DAP’s Dr Ting Tiong Choon as Pujut assemblyman.

Its chairman Datuk Seri Mohd Hashim Abdullah said the EC abided by the court’s decision and it was taking follow up actions in line with it.

The EC had previously fixed June 20 and July 4 respectively as the nomination and polling dates for the by-election.

“The EC will hold a special meeting on this to finalise our decision regarding those dates which had been fixed by us,” he said in a statement from Putrajaya.

Mohd Hashim added the Kuching High Court in its ruling had cancelled the decision made by Sarawak State Legislative Assembly (DUN) on May 12 to disqualify Dr Ting as member which had caused unexpected vacancy for the Pujut seat.

“Also based on the court ruling, this meant there was no vacancy and the Pujut assemblyman would retain his status quo and his post must be returned to him,” said Mohd Hashim.

The EC on May 19 fixed the Pujut by-election’s nomination and polling dates after a special meeting following notification of the vacant seat by Sarawak Legislative Assembly Speaker Datuk Amar Mohamad Asfia Awang Nassar on May 16.

Mohd Hashim was quoted in news reports then as saying the polls dates were subject to court decision and that EC would abide by any decision of the court following the move by DAP to challenge the disqualification of Dr Ting.

The seat had fell vacant after Dr Ting lost his seat in the assembly in a 70-10 vote in favour of a ministerial motion to disqualify him for having once acquired Australian citizenship although he subsequently renounced it.

Yesterday, High Court judge Datuk Douglas Primus Sikayun, when ruling on an Originating Summons filed by Dr Ting challenging his disqualification, said: “I order that there is no vacancy in Pujut for the by-election to be held.”

The judge also ruled that the DUN had no express power to deal with an election result.