What are the constitutional grounds for declaring or not declaring the six seats vacant?

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Constitutional Grounds Regarding Vacancy of Six Parliamentary Seats

The Speaker of the Dewan Rakyat, Tan Sri Johari Abdul, has declared that six Members of Parliament expelled from Bersatu have not vacated their seats. This decision was made in accordance with Article 49 of the Federal Constitution. However, Bersatu president Tan Sri Muhyiddin Yassin contends that this refusal contravenes Article 49A(3) of the Federal Constitution, which pertains to the Anti-Party Hopping Act, and that the government fears electoral defeat in potential by-elections. Prime Minister Datuk Seri Anwar Ibrahim has defended the Speaker's action, stating that the Speaker acted within the bounds of the law.
Speaker's Interpretation of Article 49

Tan Sri Johari Abdul's pronouncement regarding the status of the six MPs—Datuk Suhaili Abdul Rahman (Labuan), Datuk Iskandar Dzulkarnain Abdul Khalid (Kuala Kangsar), Mohd Azizi Abu Naim (Gua Musang), Zahari Kechik (Jeli), Datuk Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), and Datuk Zulkafperi Hanapi (Tanjung Karang)—was based on his interpretation of Article 49 of the Federal Constitution. This article outlines the conditions under which a parliamentary seat may be considered vacant. The Speaker's decision implies that the specific circumstances of the expulsion did not meet the criteria for vacating the seats as stipulated by this constitutional provision.
Opposition's Stance on Article 49A(3)

Tan Sri Muhyiddin Yassin has argued that the Speaker's decision to not declare the seats vacant directly conflicts with Article 49A(3) of the Federal Constitution, a key component of the Anti-Party Hopping Act. This provision typically addresses situations where a Member of Parliament resigns from their party or votes against their party's directives. Muhyiddin's criticism suggests that the expulsion from Bersatu, in his view, should have automatically triggered the vacating of these seats, leading to a declaration of vacancy under the Act's framework.
Prime Minister's Defence of Legal Compliance

Prime Minister Datuk Seri Anwar Ibrahim has publicly supported the Speaker's decision, asserting that Tan Sri Johari Abdul acted in accordance with the law. This statement implies that the Speaker's interpretation of the relevant constitutional articles, including Article 49 and potentially the nuances of Article 49A(3) in this specific context, was deemed legally sound. The Prime Minister's defence suggests that the current legal framework, as applied by the Speaker, does not necessitate an automatic declaration of vacancy in the case of these six MPs.

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What are the constitutional grounds for declaring or not declaring the six seats vacant?

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