Pandan lawmaker Rafizi Ramli still remains as Member of Parliament after Sessions court delivering 18 months jail for unauthorised possession and exposure of the confidential 1Malaysia Development Berhad (1MDB) audit report said Election commission (EC) chairman Mohd Hashim Abdullah.
Hashim said based on Article 48(4)(b) Federal Constitution, Rafizi is allowed to make an appeal against his conviction.
“Based on the federal constitution provision, Rafizi does not need to vacate his seat and remains as the MP till his appeal.
“Since the case is not over, EC is not in a position to comment whether a by-election is required,” said Hashim.
He added any legislation process on Pandan parliamentary will only be decided after the appeal approval by Rafizi.
Sessions Judge Zulqarnain Hassan delivered the sentence after he found Rafizi guilty of both offences.
He was accused of possessing Page 98 of the 1MDB audit report, without approval, at the Parliament lobby on March 24 this year.
Rafizi is also accused of exposing without approval, the contest of the page at a press conference on March 28 and charged under Official Secrets Act 1972 (OSA).