PETRA JAYA: DAP’s Dr Ting Tiong Choon remain as the Pujut assemblyman after the High Court ruled his disqualification by the Sarawak State Legislative Assembly on May 12 was against the rule of natural justice.
In restoring Dr Ting’s position as the assemblyman, High Court Judge Datuk Douglas Primus declared there is no vacancy in the state constituency.
"Article 118 of the Federal Court clearly provided if any party are dissatisifed with the election result, they must take the case up in an election petition. The Election Court has exclusive jurisdiction if the election result is challenged.
"The Dewan (State Legislative Assembly) has no expressed powers to deal with election result," Douglas said when delivering his verdict in a packed court room.
Douglas also found that State Speaker, Datuk Mohamad Asfia Awang Nassar, who was the first defendant in the suit, did not give Dr Ting adequate time to defend himself when the ministerial motion was moved against him during the State Assembly Sitting on May 12.
"The rule of natural justice has not been complied with and adhered to," he said.
Douglas also ordered Asfia and State International Industry and E-Commerce Minister Datuk Seri Wong Soon Koh, who was named as the second defendant in the suit, to jointly pay RM100,000 in cost.
Dr Ting had originally named Sarawak State Legislative Assembly as the third defendant while the state government and Election Commission as the fourth and five defendants.
The state government was, however, struck out as a defendant.
Dr Ting when met after the proceedings said he was relieved with the outcome of the proceeding.