
Muhammad Rafique Rashid Ali said this would also enable the MPs to return the mandate to voters and contest in the by-elections as they had not resigned from office.
He said the Federal Constitution did not say that an MP could not offer himself to voters if he/she was absent from the Dewan Rakyat for six months and was booted out.
“It is silent on this,” he told FMT.
Article 52 states that if a member of the Dewan Rakyat or Dewan Negara is absent without leave for a continuous six months, the House may declare his seat vacant.
Rafique said, in comparison, Article 48 (6) states that an MP who resigns would be disqualified for five years from contesting for a Dewan Rakyat seat.
He said this provision prevented them from contesting immediately to obtain a fresh mandate from their voters.
“It appears now that Umno MPs who leave the party could be absent from the Dewan Rakyat for six months and the Dewan Rakyat can declare the seats vacant.
“The Dewan Rakyat Speaker can then inform the Election Commission to conduct by-elections.” he added.
Umno has seen a steady outflow of its MPs. Last week, 10 MPs quit the party, in a blow to Umno president Ahmad Zahid Hamidi.
Zahid has since handed over his presidential duties to his deputy Mohamad Hasan.
The 10 have turned Independents, with the majority pledging support for Prime Minister Dr Mahathir Mohamad and his Pakatan Harapan government.
Earlier, some MPs, such as Mustapa Mohamed (Jeli), Noor Azmi Ghazali (Bagan Serai) and Mas Ermieyati Samsudin (Masjid Tanah) joined PPBM while Rosman Isli (Labuan) joined Warisan.