The Kuala Lumpur High Court will hear on Thursday applications by three Parti Keadilan Rakyat (Keadilan) leaders to quash an Election Commission's (EC) decision to disqualify them from contesting in the general election.

As the case will be heard just two days before nomination day on Saturday, there is some doubt as to whether the court will be able to deliver its decision in time.

Justice Md Raus Sharif fixed the date after the three - vice-president Mohd Azmin Ali, Youth chief Mohd Ezam Mohd Nor and Wanita deputy chief Irene Fernandez - filed their applications this morning.

The three want a ruling that they are eligible to contest in the polls on March 21 and have also requested a court order forbidding the EC to reject their nominations.

They also asked for an interim stay to prevent the election returning officer from rejecting their nomination forms - in two parliamentary and three state seats - solely based on the ground that they have been convicted.

The legal documents filed confirmed that Mohd Ezam is to contest the Pekan parliamentary seat and Kota Anggerik state seat in Shah Alam, while Fernandez is to contest the Sidam state seat in Kedah.

Azmin, the incumbent Hulu Kelang state assemblyperson, is to defend this state seat and contest the Bandar Tun Razak parliamentary seat.

Stay of execution

In their respective affidavits which were made available to reporters later, the trio reiterated that they are eligible to stand in the elections since each has won a stay of execution of their sentences.

Azmin is currently appealing against a perjury conviction, while Ezam and Fernandez are battling their convictions under the Official Secrets Act and Printing Presses and Publications Act respectively.

Their affidavits state that the legal process in each of their cases is still at appeal stage and therefore, yet to be exhausted.

They also cited a malaysiakini report last October in which EC chairperson Abdul Rashid Abdul Rahman was quoted as saying that an election candidate can contest if granted a stay of execution pending appeal.

"Abdul Rashid has had long years of service with the EC and is well versed in relation to implementation of election laws," the affidavit states. A copy of the report was submitted as an exhibit.

The trio also claimed the EC has "acted beyond its powers" and that it has erred in law by disqualifying them as election candidates.

Plan B?

Last Wednesday, Abdul Rashid said the trio are barred from contesting under Article 48 of the Federal Constitution. Article 48 disqualifies an individual from contesting in the elections if the person has been convicted of an offence and sentenced to a jail term of more than a year or a fine of more than RM2,000.

He said his earlier statement was a "general interpretation" and was made without consulting the commission's legal department.

The three politicians have vowed that, despite the EC's disqualification, they intended to file their nominations on Saturday.

They had declined to elaborate on any back-up plan if they are disqualified then, but it is believed that candidates from Parti Rakyat Malaysia (PRM) may be nominated alongside, to prevent Barisan Nasional from winning uncontested.

Nomination papers will have to be submitted between 9am and 10am, and objections are to be received between 9am to 11am the same day.

PRM merged with Keadilan last August, but the new entity is waiting for approval from the Registrar of Societies. PRM had earlier decided that its candidates would contest on the Keadilan ticket.