The Constitutional Court must decide if Pheu Thai MP for Khon Kaen Nawat Tohcharoensuk lost his seat when convicted of ordering a murder, Parliament President Chuan Leekpai said on Thursday.
He had already received a report on the lower court ruling and the legal issues involving Nawat's status from the secretariat of the House of Representatives, Mr Chuan said.
The secretariat advised the authority to decide rested with the Constitutional Court.
The Khon Kaen provincial court on Tuesday sentenced Nawat, 52, who was elected in Khon Kaen constituency 7, to death for masterminding the murder of Suchart Khotethum, an assistant chief of the Khon Kaen provincial administration organisation, in 2013. There is an automatic appeal in the case of a death sentence.
The victim was shot dead in front of his home in Muang district of Khon Kaen May 3, 2013, as he was about to leave for work.
Mr Chuan, also the House Speaker, said the secretariat would send a letter notifying the Election Commission of its opinions on the case.
The agency with the authority to decide the MP’s status was the Constitutional Court.
To obtain the court’s ruling, MPs would have to sign their names to a petition and the EC would then forward it to the court.
“This case must be proceed urgently as the EC is duty-bound to hold a by-election within 45 days.
"However, I confirm that I have no authority to rule on this case, which will be forwarded to the EC.
Regarding speculation that Mr Nawat will be allowed out of prison to perform his duty when the House reconvenes, I will not respond to this as it has not yet happened,’’ Mr Chuan said.
Deputy Prime Minister Wassanu Krea-ngam, the cabinet's legal eagle, said on Wednesday that under the constitution Nawat lost his House seat immediately upon being convicted by the court. He admitted some people disagreed.