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[h=2]High Court reserves judgement on Hougang by-election case[/h]
July 16th, 2012 |
Author: Editorial
Singapore High Court
The High Court reserved judgment on the Hougang by-election case which was heard in an open court today (16 Jul). The courtroom was fully packed.
On 2 Mar, Mdm Vellama, a Hougang resident, filed a High Court application seeking to have the Court declared that Prime Minister Lee does not have “unfettered discretion” in deciding whether and when to call a by-election after the Hougang seat became vacant.
During the Court hearing, Mdm Vellama’s lawyer, M Ravi, said his client was abandoning the application for a mandatory order for the Hougang by-election to be held within a reasonable period of time as the Hougang by-election was already called on May 16.
However, Mr Ravi is still continuing the application for the High Court to declare that the Prime Minister does not have unfettered powers when it comes to calling for a by-election.
He argued that although the case has been overtaken by the Hougang by-election in May, there is still a need for the declaration order to set a precedent for future cases.
He noted that in the past, there were 3 cases when the seat of a single seat constituency was vacated by an MP, no by-election was called:
Senior Counsel David Chong from the Attorney-General’s Chambers (AGC) argued that there was no merit to the case as a declaration order cannot proceed independently without a mandatory order.
Mr Ravi and Mr Chong disagreed on how to interpret Article 49 of the Constitution, which states that when the seat of an elected Member of Parliament is vacated for reasons besides the dissolution of Parliament, the vacancy ’shall be filled by election’.
Mr Chong noted that the procedures for a by-election is set out in the Parliamentary Elections Act, and there was no need for further clarification.
Mr Chong argued that the Hougang by-election held on May 26 negated Mdm Vellama’s application.
High Court Judge Philip Pillai has reserved judgement for a date to be fixed.
.
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The High Court reserved judgment on the Hougang by-election case which was heard in an open court today (16 Jul). The courtroom was fully packed.
On 2 Mar, Mdm Vellama, a Hougang resident, filed a High Court application seeking to have the Court declared that Prime Minister Lee does not have “unfettered discretion” in deciding whether and when to call a by-election after the Hougang seat became vacant.
During the Court hearing, Mdm Vellama’s lawyer, M Ravi, said his client was abandoning the application for a mandatory order for the Hougang by-election to be held within a reasonable period of time as the Hougang by-election was already called on May 16.
However, Mr Ravi is still continuing the application for the High Court to declare that the Prime Minister does not have unfettered powers when it comes to calling for a by-election.
He argued that although the case has been overtaken by the Hougang by-election in May, there is still a need for the declaration order to set a precedent for future cases.
He noted that in the past, there were 3 cases when the seat of a single seat constituency was vacated by an MP, no by-election was called:
In 1983, when the Havelock seat became vacant, then PM Lee Kuan Yew said: “There is no reason why the people of Havelock should have a by-election. There is no reason why anybody should be looking after Havelock under the Constitution. There is no reason at all.”
In November 1986, the Anson seat was vacated after Workers’ Party MP, JB Jeyaretnam, was disqualified from holding the seat. In his answer to opposition member Chiam See Tong’s query in Parliament, Minister S Dhanabalan said then: “He [JB Jeyaretnam] has been convicted of a criminal offence and fined and sent to jail. They [Anson constituents] have to learn to live with the consequences of their choice.”
And in December 1986, the Geylang West seat became vacant after its MP, Teh Cheang Wan, committed suicide. Then Deputy Prime Minister Goh Chok Tong explained that there would be no by-election in the ward because the government was “contemplating introducing a Bill to form Town Councils.”
Mr Ravi said a declaration order will prevent such a situation from occurring again should any seats were vacated by MPs in future.In November 1986, the Anson seat was vacated after Workers’ Party MP, JB Jeyaretnam, was disqualified from holding the seat. In his answer to opposition member Chiam See Tong’s query in Parliament, Minister S Dhanabalan said then: “He [JB Jeyaretnam] has been convicted of a criminal offence and fined and sent to jail. They [Anson constituents] have to learn to live with the consequences of their choice.”
And in December 1986, the Geylang West seat became vacant after its MP, Teh Cheang Wan, committed suicide. Then Deputy Prime Minister Goh Chok Tong explained that there would be no by-election in the ward because the government was “contemplating introducing a Bill to form Town Councils.”
Senior Counsel David Chong from the Attorney-General’s Chambers (AGC) argued that there was no merit to the case as a declaration order cannot proceed independently without a mandatory order.
Mr Ravi and Mr Chong disagreed on how to interpret Article 49 of the Constitution, which states that when the seat of an elected Member of Parliament is vacated for reasons besides the dissolution of Parliament, the vacancy ’shall be filled by election’.
Mr Chong noted that the procedures for a by-election is set out in the Parliamentary Elections Act, and there was no need for further clarification.
Mr Chong argued that the Hougang by-election held on May 26 negated Mdm Vellama’s application.
High Court Judge Philip Pillai has reserved judgement for a date to be fixed.
.
Join our TRE facebook page here: http://www.facebook.com/TREmeritus
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