‎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 defendants.

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.

The PKR de facto leader had said on Thursday that his lawyers had sent a letter of demand to the defendants to verify whether he is qualified to vote and be allowed to do so.

“However, till today there is no reply given by the EC or the other defendants,” said Anwar.

Besides seeking the declaration, Anwar is also seeking compensation in case he is not allowed to vote tomorrow.

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.

“Anwar is a registered voter in Permatang Pauh and his name is still on the electoral rolls. Hence, he should be allowed to exercise his right to vote.”

Not academic argument

When asked that the application was academic as the by-election is tomorrow, Surendran said besides declaratory relief, it also sought compensation for Anwar if he was not allowed to vote despite the constitution stipulating otherwise.

“However, what is important is that this is the test case for all prisoners to be allowed to vote. They may be convicted but they are still qualified voters and should be able to cast their votes. They cannot manipulate this right as it is enshrined in the constitution,” he said.

Lawyer Latheefa Koya (left ), who is also PKR supreme council member said prisoners were also registered voters and if they were not allowed to vote then there was a danger that someone could impersonate them and cast their votes for them.

This is the bigger question facing prisoners who are not allowed to vote, said Latheefa.

“There are thousands of prisoners in jails and their names are still on the electoral rolls. They are not removed unless the person dies,” she said.

Anwar's daughter Nurul Ilham Anwar wants the EC to abide by the federal constitution and allow her father his right to vote.

She was present at the filing of the case together with her husband Reza Mohd Rafie.

To a question that Anwar did not cast his votes in the 1999 and 2004 general elections and yet he is making his application now, Surendran quipped that lawyers are getting smarter now to make this application as it was within the rights of every person - even those in imprisoned - to be allowed to vote.