KUALA LUMPUR: The Election Commission (EC) and its chairman Tan Sri Abdul Aziz Mohd Yusof have been ordered to file their affidavit within two weeks, in response to a lawsuit brought by Datuk Seri Anwar Ibrahim (pic), who was barred from voting in the recent Permatang Pauh by-election.

The former opposition leader’s lawyer, Raul Lee, said High Court deputy registrar Norhasniah Abdul Razak gave the order yesterday during case management.

“Another case management has been fixed on June 8,” he told reporters.

Federal counsel M Kogilambigai appeared for the EC, Abdul Aziz and the government.

Anwar on May 6 filed an originating summons against the three parties.

Citing Article 119 of the Federal Constitution, Anwar argued that he should be allowed to vote in prison because he had registered as a voter before commencing his sentence.

He is currently serving a five-year jail term at Sungai Buloh prison for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.

The Permatang Pauh by-election held on May 7 saw Anwar’s wife, Datuk Seri Dr Wan Azizah Wan Ismail, contesting and winning under the PKR ticket.

Aziz said the constitutional provision of a prisoner’s eligibility to vote is in relation to the “qualifying date” and whether the voter concerned is serving a prison sentence at the time.

However, Anwar’s lawyer N Surendran argued that the constitution also spelt out in another clause that the “qualifying date” refers to the date on which a person applies to register as a voter. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on May 26, 2015.