A judge has slammed a former independent candidate for making the rules up as he goes after he lodged a petition calling for former opposition leader Matthew Guy to be impeached.
David Vincent, who ran as an independent against Mr Guy in last year's state election, lodged a petition in the Supreme Court, claiming Mr Guy is not a fit or proper person to sit in parliament.
He said the court should remove Mr Guy as the member for Bulleen and instead give him or someone else the seat, along with the role of speaker in the Legislative Assembly or president in the upper house.
Mr Vincent came last in the race for Bulleen, securing 0.5 per cent of the vote compared to Mr Guy's 48.06 per cent.
During a Supreme Court bid on Monday to dismiss his application, Mr Vincent described his petition as a public interest application to "stop corruption in Victoria".
"All I'm seeking is an order that Matthew Guy be disqualified and someone else be appointed," Mr Vincent said.
"He is not a fit and proper person."
Mr Vincent, who represented himself, told the court that he felt Mr Guy did not meet the standards set out by the Members of Parliament Standards Act (1987) and while he may have received the majority of votes, he may not have won the "substantive hearts and minds of the electorate".
The Victorian Electoral Commission referred Mr Guy to the corruption watchdog in November, after it was alleged he tried to circumvent the state's political donation laws along with his former chief of staff Mitch Catlin.
"He hasn't been found guilty, but he hasn't been found innocent either," Mr Vincent told the court.
Justice John Dixon asked Mr Vincent what he hoped his petition would bring and guided him to stay on topic.
"Are you making it up as you go?" Justice Dixon asked.
Mr Guy's representative Rohan Ajzensztat told the court Mr Vincent was "changing and warping" his argument as he went and in an earlier hearing said it would be an abuse of court processes if the petition proceeded.
He applied to have the petition summarily dismissed and struck out, saying the orders Mr Vincent sought were not within the court's powers.
Justice Dixon adjourned the matter to a later date.
