PETALING JAYA: Voters barred from the ballot box because of Covid-19 have a strong case for taking legal action against the government, according to a constitutional lawyer.
A Surendra Ananth said the constitution provided only two grounds to disqualify someone from being a voter – that he is detained for being of unsound mind, or is in prison; or is subject to the death penalty or a jail term of more than a year for an offence in any part of the Commonwealth.
He said contracting a disease or infection was not a permissible basis to deny someone the right to vote.
Surendra said the Election Commission’s powers to make regulations on elections were not intended to deprive anyone of the constitutional right to vote.
“The EC ought to provide for regulations which would allow Covid-19 patients to vote in a safe manner,” he said, in response to a statement by the Bersih reform group that they would assist barred voters to sue the health ministry and the EC.
Voters infected with Covid-19 were barred from casting their ballots at the recent Johor elections.
Surendra said Bersih’s standing in the suit, as a civil society, was likely to be disputed. - FMT
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