PKR de facto leader Anwar Ibrahim is eligible to vote in Permatang Pauh and the Election Commission is wrong in saying he cannot, Padang Serai MP N Surendran said today.

Surendran ( left ) said this in response to Election Commission chairman Abdul Aziz Mohd Yusof who had said in a statement yesterday that Anwar - who is currently jailed - cannot vote in the parliamentary by-election.

Abdul Aziz claimed that Anwar is disqualified as a voter by virtue of  Article 119(3)(a) of the federal constitution.

"The position taken by the EC chief is entirely wrong and in breach of the federal constitution. Anwar is completely eligible to vote in Permatang Pauh," Surendran said in a statement.

He said Article 119(3)(a) of the constitution disqualifies a person serving a prison sentence from voting only if he was already imprisoned at the time he applied for registration as a voter.

"This is clear from Article 119(4)(b) of the constitution which states the 'qualifying date' is 'the date on which a person applies for registration as an elector in a constituency'.

“To be disqualified, a person must already be in prison at the 'qualifying date', added Surendran, who is a lawyer and a PKR political bureau member.

Surendran said Anwar was registered as a voter in Permatang Pauh long before he was ever imprisoned. Therefore, by virtue of Article 119, Anwar is fully eligible to vote in the Permatang Pauh by- election.

He added the EC is now bound by law to make arrangements to enable Anwar Ibrahim to cast his vote on polling day which falls on May 7.

"Failure to do so will be a breach of EC's statutory duties and a serious infringement of Anwar's civil and constitutional rights," said Surendran. 

Anwar was jailed for five years on Feb 10 after the Federal Court rejected his appeal against the Sodomy II conviction.