The Election Commission (EC) will only announce the vacancy for the Permatang Pauh seat after receiving a note from the Dewan Rakyat Speaker.
Its chairman, Tan Sri Abdul Aziz Mohd Yusof said that only the EC has the authority to make the announcement.
"The Election Commission will announce important dates for the by-election within 10 days after the seat becomes vacant," he said in Kuala Lumpur today.
Opposition leader Datuk Seri Anwar Ibrahim is the MP for Permatang Pauh.
The Federal Court today upheld the Court of Appeal's decision to convict and jail Anwar for sodomising his former aide Mohd Saiful Bukhari Azlan.
The decision was delivered by Chief Justice Tun Arifin Zakaria who led a five-member panel of judges.
Article 48(1)(e) of the Federal Constitution says that an MP can be disqualified if he is jailed more than one year or fined more than RM2,000 by the court.
Aziz said with the Federal Court's decision, Anwar is deemed to have been qualified as an MP according to the Federal Constitution.
"However, the EC cannot declare the seat as vacant until we receive a note from the Dewan Rakyat Speaker."
He added Anwar can only contest in the election five years after his release from prison.
Anwar beat Dr Mazlan Ismail (BN) by a majority of 11,721 votes to win the Permatang Pauh parliamentary seat in the general election in 2013. – Bernama
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