Mohd Rafizi Ramli will remain the Pandan member of Parliament until his appeal is heard, said Election Commission (EC) chairperson Mohd Hashim Abdullah.

Hashim said though the Kuala Lumpur Sessions Court sentenced Rafizi who is also the PKR vice-president to 18 months' jail, according to the Federal Constitution, his position will remain unchanged until his appeal is heard.

"The seat will not be vacated," he said in a statement today.

Hashim said it would not be appropriate for the EC to speak on the possibility of a by-election because the case has not been resolved yet.

"Furthermore, according to media reports, Rafizi would be filing for appeal," he said.

The EC chairperson said all matters pertaining to the Pandan parliamentary seat would only be decided once the appeal process has ended.

Rafizi who faced two charges under the Official Secrets Act (OSA) was today sentenced to 18 months jail by the Sessions Court after finding him guilty of unauthorised possession of page 98 of the 1MDB audit report in March.

Under Article 48(1)(e) of the Federal Constitution, a person cannot stand as a candidate if he received a sentence of at least one year in jail or a RM2,000 fine or both.

He was alleged to have committed the offence at the lobby of the Parliament building in Jalan Parlimen here at 3pm on March 24, under Section 8(1)(c)(iii) of the OSA 1972, which carries a maximum jail term of seven years.

Rafizi, 39, who is PKR secretary-general was also found guilty of exposing the contents of the report at a media conference, at the same place and time on March 28, under Section 8(1)(c)(iv) of the same Act which carries a jail term of up to seven years.

Judge Zulqarnain Hassan ordered the sentence to run concurrently and granted a stay pending Rafizi's appeal to the High Court, and raised the bail from RM3,000 to RM5,000.

- Bernama