(April 28): The Election Commission (EC) is wrong in saying that Datuk Seri Anwar Ibrahim as a prisoner has no right to vote as the Federal Constitution only disqualifies an inmate from voting if he was already in prison at the time he applied to be a voter, says PKR.
The party's political bureau member, N. Surendran, in a statement today said: “Article 119(3)(a) of the Federal Constitution disqualifies a person serving a prison sentence from voting only if he was already imprisoned at the time he applies for registration as a voter.”
He added that the position taken by EC chairman Tan Sri Abdul Aziz Mohd Yusof in the opposition leader’s case was wrong and breached the Federal Constitution.
Pakatan Rakyat on Sunday proposed that Anwar be allowed to cast his ballot in the Permatang Pauh by-election this May 7, and said the Home Ministry had even proposed plans since 2013 to allow convicts to exercise their right to vote in elections.
Aziz subsequently told The Malaysian Insider that Anwar was not eligible to vote based on Article 119(3)(a) which states that "a person is disqualified for being a elector in any election to the House of Representatives or the Legislative Assembly if on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment”.
But, Surendran today said "the qualifying date" was explained in another provision, Article 119(4)(b), as being the date on which a person applies for registration as an elector in a constituency.
He added that the EC must make the necessary arrangements to enable Anwar to exercise his right, as he was registered as a voter in Permatang Pauh long before he was imprisoned.
"Failure to do so will be in breach of the EC's statutory duties and a serious infringement of Anwar's civil and constitutional rights."
PKR vice-president Nurul Izzah Anwar yesterday said the EC's decision not to let Anwar vote in the Permatang Pauh by-election showed it was biased.
"It is unfortunate that EC is unprofessional, not only does it reject a good suggestion but it justifies the EC in acting in the interest of Umno-BN," she said in a WhatsApp message to The Malaysian Insider. – The Malaysian Insider