New Taipei City Mayor and Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫) must take up the party’s legal actions against Legislative Speaker Wang Jin-pyng (王金平), the Supreme Court said yesterday — even though both Chu and the party have said they do not plan to pursue the case.
Wang went to court after the KMT’s Central Evaluation and Discipline Committee rescinded his party membership after allegations were made in September 2013 that he had lobbied for an opposition lawmaker involved in a court case.
President Ma Ying-jeou (馬英九), then the KMT chairman, had asked that Wang’s membership be revoked because of the allegations.
The judge in the first trial on Sept. 13 that year approved Wang’s request for a provisional injunction against the KMT, allowing him to hold on to his party membership.
The KMT pursued the case and the second trial upheld the initial ruling. The KMT then asked for arbitration from the Supreme Court.
Wang’s lawyer, Chung Ping-hsien (鍾秉憲), asked the Supreme Court to ascertain whether the KMT wished to continue legal proceedings after Chu became party chairman following Ma’s resignation in the wake of the Nov. 29 nine-in-one elections last year.
Chu announced on Feb. 25 that the KMT would not need to appoint lawyers to continue litigating the Wang case and that the Central Evaluation and Discipline Committee should review its decision.
By law, a plaintiff must be represented by a lawyer in the third tier of judicial procedures, legal sources said yesterday. If Chu did not appoint a lawyer to represent the KMT before the Supreme Court, the court would first send a letter asking for a representative to be appointed, they said, adding that if the plaintiff fails to comply, the judge will then dismiss the proceedings and announce the case closed.
Chung said the KMT must officially notify the court that Chu would not undertake the litigation before the case can be wrapped up.
If the KMT decides to withdraw its appeal or says it will not pursue the case, the Supreme Court would dismiss proceedings, making Wang the victor, Chung said.
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