Monday, 27 Jul 2020 06:49 AM MYTPekan MP Datuk Seri Najib Razak is pictured at Parliament in Kuala Lumpur July 20, 2020. — Picture by Yusof Mat Isa
Article 48 shows that an MP will be disqualified 14 days from the date he or she was sentenced to more than RM2,000 or more than one year, but Article 48 provides if an MP appeals the sentence within 14 days, the MP would only be disqualified 14 days from when the court decides on the appeal. “In terms of eligibility to contest as an MP, pursuant to Art 48, the effect of such a conviction operates immediately and notwithstanding any appeals filed,” he said.
Citing Article 48, Sivarasa also confirmed that the barring of contest in elections for five years runs from the date the individual is released after serving jail time or from the date the fine is imposed if it is only a fine. Also under Article 48, the five-year prohibition is imposed unless a pardon is granted by the Yang di-Pertuan Agong.
Sivarasa confirmed that disqualification from any party position is “immediate”, but noted that an individual who has an appeal could apply to the Registrar of Societies under Section 9A to be exempted from such disqualification, with the Registrar having the “discretion to grant an exemption and for how long.”
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