
Lawyer Gurdial Singh Nijar said Tian Chua, whose real name is Chua Tian Chang, made the decision after the Court of Appeal indicated it would not allow any amendments to the appeal records.
Tian Chua wanted the court to determine his legal status to contest in the 14th general election despite being convicted with a fine on two occasions.
Gurdial said the suit was now seen as out of context since the election was over.
A three-member bench chaired by Justice Umi Kalthum Abdul Majid presided over the case.
Gurdial said Tian Chua would write to seek clarification from the Election Commission (EC) whether it would continue to question the validity of three court rulings that persons fined RM2,000 could contest in polls.
“We want to know whether the EC still maintains the position of the returning officer who rejected Tian Chua’s nomination papers on April 28 (to contest for the Batu constituency),” he told reporters.
Gurdial said Tian Chua would seek legal redress if the EC was non-committal.
Meanwhile, Tian Chua said he maintained the position that he was qualified to be elected MP to the Dewan Rakyat or appointed as senator despite his two previous convictions and fine.
“The returning officer made a mistake in rejecting my nomination papers. My action is not intended to question the outcome of the election for the Batu parliamentary seat,” he said.
Under Article 48 (1) (f) of the Federal Constitution, an MP could be disqualified for being fined RM2,000 and above.
“There are three court decisions, including a Federal Court judgment, that one is still qualified if fined RM2,000,” he said.
Returning officer Anwar Mohd Zain disqualified Tian Chua from defending his Batu parliamentary seat on grounds that he had been fined RM2,000 for an offence the month before.
However, Tian Chua, who filed an affidavit to support his action, said it was settled law that a RM2,000 fine did not affect his eligibility as a candidate.
He said in the 2013 election, the returning officer had allowed him to file his nomination papers despite a previous conviction and fine of RM2,000.
On May 4, the Kuala Lumpur High Court ruled that it had no jurisdiction to determine whether Tian Chua was qualified to contest in the general election.
Justice Nordin Hassan, in allowing the preliminary objection by the EC, said Tian Chua’s complaint was an election dispute.