The Malaysian Bar - Court to decide on absentee voters in UK on Friday

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Court to decide on absentee voters in UK on Friday

©The New Straits Times (Used by permission)

KUALA LUMPUR: The High Court will decide on Friday whether six Malaysians living in the United Kingdom can register and vote as absentee voters in this country.

Judge Datuk Rohana Yusuf fixed the date after both parties concluded their submissions yesterday.

Dr Teo Hoon Seong, 43, Dr Yolanda Sidney Augustin, 31, electrical engineer V. Vinesh, 32, entrepreneur Paramjeet Singh, 54, translator Sim Tze Wei, 28, and software architect Leong See See, 41, had filed the judicial review application on Oct 25.

They were given the green light by the High Court on Nov 14 to challenge the Election Commission's decision to reject their application to become absentee voters in the next general election.

They claimed that because they were not defined as absentee voters, their right to vote was denied.

The applicants stated in their application that the commission had no reason why the postal-vote system used by university students, government officers and army personnel abroad could not be used by Malaysians working in the private sector, retirees or the unemployed living overseas.

Counsel Edmund Bon yesterday submitted that the commission had erred in excluding the applicants from being entitled to register and vote as absentee voters.

He said the exclusion was unfair and not justified by the commission.

"The burden is on the EC to justify why members of armed forces, government servants, full-time students and their spouses are allowed to vote as absentee voters, but other Malaysians residing overseas are not allowed to do so."

He said applicants were disqualified only because the commission decided so.

He said the exercise of power was arbitrary, discriminatory and a constitutional violation of the applicants' rights under the Federal Constitution.

Senior federal counsel Amarjeet Singh, who appeared for the commission, submitted that the applicants had not been deprived of their constitutional right to vote as they had been registered as electors and were, therefore, entitled to vote.

"The applicants do not have the right to be registered as absentee voters on grounds that they do not come within the limited categories of persons allowed to be absentee voters by election laws."

He added that the commission had acted in accordance with the law.

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