Friday 29 Mar 2024
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(April 30): Datuk Seri Anwar Ibrahim has sent a legal notice to the Election Commission chairman to enforce his right to vote in the Permatang Pauh by-election, his lawyers said.

Lawyers N. Surendran and Latheefa Koya in a joint statement said this was an important matter of legal and constitutional principles.

"The right to vote is sacrosanct in a democracy and an eligible voter must never be denied the right to cast his vote in any circumstance," they said.

The lawyers said they were appalled that EC chairman Tan Sri Abdul Aziz Mohd Yusof has chosen to disregard the clear provisions of the Federal Constitution.

They said Article 119(3)(a) read with 119(4)(b) indisputably established Anwar's eligibility to vote as he had registered before being imprisoned.

"The EC's continuing denial of Anwar's civil and constitutional rights is unacceptable, irresponsible and in breach of their statutory duties," they added.

On Monday, Aziz said Anwar was disqualified to vote in the by-election on May 7 as the Constitution did not allow for the jailed de facto PKR chief to cast his ballot.

"(He is) not qualified according to Article 119(3)(a) of the constitution," Aziz told The Malaysian Insider when asked if Anwar could vote.

Article 119(3)(a) of the Federal Constitution 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”.

Pakatan Rakyat had earlier proposed that Anwar be allowed to cast his ballot in the Permatang Pauh by-election on May 7, as part of Putrajaya's proposed plans since 2013 to allow convicts to exercise their right to vote in elections.

PKR vice-president Nurul Izzah Anwar said that in June 2013, the Home Ministry had planned to create a mechanism to allow those in jail to vote.

She also said that Home Minister Datuk Seri Ahmad Zahid Hamidi said ongoing discussions were being held with the relevant authorities like the police and Election Commission to enable inmates to vote.

But Zahid said that it was up to the EC to decide if Anwar can vote in the by-election.

Nurul Izzah's father Anwar, the former Permatang Pauh MP, is currently serving a five-year sentence in the Sungai Buloh prison for sodomy.

Her mother PKR president Datuk Seri Dr Wan Azizah Wan Ismail is now contesting the by-election to defend the party’s stronghold from Barisan Nasional. – The Malaysian Insider

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