The Permatang Pauh by-election battle takes on another dimension today after its former MP Anwar Ibrahim filed an originating summons at the Kuala Lumpur High Court to seek a declaration that he be allowed to vote despite being in jail.
Anwar, who was convicted of sodomy on Feb 10 by the Federal Court and jailed five years jail named the Election Commission, it's chairperson Abdul Aziz Mohd Yusof and the government as respondents.
He is seeking a declaration under Article 119 of the federal constitution, that he is a qualified voter according to the constitution.
The former opposition leader filed the application at the High Court civil registry through the law firm of Daim & Gamany.
In Anwar's supporting affidavit, the 67-year-old politician said although he was convicted and sentenced to five years' jail, he is challenging the conviction through a notice of motion filed last Thursday.
He maintained he was already a qualified and registered voter for the Permatang Pauh constituency before his conviction noting that he had cast his vote in Permatang Pauh during the 13th general election last year.
Besides seeking the declaration, Anwar is also seeking compensation in case he is not allowed to vote.
Lawyer N Surendran (centre in photo)said this was a test case to determine whether prison inmates - despite their conviction – can exercise their right to vote.
"What the EC claimed that Anwar has no right to vote is not only wrong but goes against the provision in the federal constitution," he said.