KUALA LUMPUR — Sept. 28, 2018: A voter from Port Dickson has filed an originating summons against Datuk Seri Anwar Ibrahim and the Federal Territories Pardons Board to seek a declaration that Anwar is not qualified to contest any parliamentary seat.
Noraziah Mohd. Shariff filed the summons at the High Court here through Messrs. Raja Riza & Associates, naming Anwar and the Board as the first and second respondents.
Lawyer Datuk M. Reza Hassan confirmed that he filed the summons via the e-filing system at 8pm today.
Noraziah is seeking a declaration that the pardon given to Anwar did not strike out his disqualification to contest a parliamentary seat following his conviction in a criminal case.
She also seeks a declaration that the pardon given to Anwar was null and void as the Board advising the Yang di-Pertuan Agong on the matter was not formed in accordance with Article 42 (5) of the federal Constitution.
Noraziah is also seeking an order that Anwar is not qualified to contest any parliamentary seat until his disqualification period is over.
In her supporting affidavit, the applicant said she sought the order as Article 48 (1) (e) of the Constitution states that someone who has been convicted of an offence and sentenced to jail for a term more than a year and fined not less that RM2,000 is disqualified for being a member of parliament.
She pointed out that Anwar was released from prison on last May 16 after receiving a royal pardon for the criminal offence which disqualified him from being an MP.
However, in granting a full pardon to Anwar, the Agong did not remove Anwar’s disqualification as provided under Article 48(1) (e) of the Constitution.
Noraziah’s originating summons was submitted together with a certificate of urgency to have the court hear the summons immediately on the grounds that the Port Dickson parliamentary by-election, in which Anwar will be contesting, is scheduled to be held on October 13.
In relation to the by-election, Anwar’s former personal assistant Mohd. Saiful Bukhari Azlan has confirmed that he will be contesting in PD and will submit his nomination papers at the PD Municipal Council hall tomorrow.
With the announcement, Saiful becomes the sixth individual who will be contesting.
The others who plan to contest are retired military officer Mohd. Nazari Mokhtar from PAS, Ahmad Kamarudin of Parti Rakyat Malaysia, former Negri Sembilan mentri besar Tan Sri Isa Abdul Samad and social media personality Stevie Chan.
The PD seat was vacated by Datuk Danyal Balagopal Abdullah on September 12 to facilitate PKR president-elect Anwar’s return to parliament. — Bernama