SINGAPORE - A High Court Judge has dismissed a Hougang resident's application to declare that the Prime Minister does not have "unfettered discretion" over whether and when to call a by-election.
Madam Vellama Marie Muthu had also applied for a mandatory order for the by-election to be called in Hougang within three months or a reasonable time, after the seat was vacated.
Mdm Vellama, 42, a part-time cleaner, had filed her application on March 2, following the sacking of former Member of Parliament Yaw Shin Leong from the Workers' Party on Feb 15.
In his judgment released today, Justice Philip Pillai noted there was no requirement in the Constitution to call elections to fill elected Member vacancies. There being no such requirement, there arises no prescribed time within which such elections must be called, he added.
Under the Constitution, to call or not to call an election to fill an elected Member vacancy is a decision to be made by the Prime Minister, said Justice Pillai. Should the Prime Minister decide to call an election to fill an elected Member vacancy, he has a discretion as to when to call it, he added.
The Parliamentary Elections Act merely provides the mechanism to hold such an election should the Prime Minister decide to call one, said Justice Pillai. In the event that the Prime Minister decides to call an election to fill an elected Member vacancy, section 24 of the Parliamentary Elections Act requires that the President issue writs under the public seal to the Returning Officer to convene such election to supply vacancies caused by death, resignation or otherwise. "In so doing, the President is obliged to act in accordance with Article 21 of the Constitution," he added.
http://www.todayonline.com/Hotnews/...ion-application-dismissed-by-High-Court-Judge
Surprised no one started a thread on this..
At least Judge Pillai interpreted the constitution for us, as opposed to having different interpretations from different perspectives.
Now just waiting for an MP to raise an issue to change that bit of constitution.. if at all possible..
Madam Vellama Marie Muthu had also applied for a mandatory order for the by-election to be called in Hougang within three months or a reasonable time, after the seat was vacated.
Mdm Vellama, 42, a part-time cleaner, had filed her application on March 2, following the sacking of former Member of Parliament Yaw Shin Leong from the Workers' Party on Feb 15.
In his judgment released today, Justice Philip Pillai noted there was no requirement in the Constitution to call elections to fill elected Member vacancies. There being no such requirement, there arises no prescribed time within which such elections must be called, he added.
Under the Constitution, to call or not to call an election to fill an elected Member vacancy is a decision to be made by the Prime Minister, said Justice Pillai. Should the Prime Minister decide to call an election to fill an elected Member vacancy, he has a discretion as to when to call it, he added.
The Parliamentary Elections Act merely provides the mechanism to hold such an election should the Prime Minister decide to call one, said Justice Pillai. In the event that the Prime Minister decides to call an election to fill an elected Member vacancy, section 24 of the Parliamentary Elections Act requires that the President issue writs under the public seal to the Returning Officer to convene such election to supply vacancies caused by death, resignation or otherwise. "In so doing, the President is obliged to act in accordance with Article 21 of the Constitution," he added.
http://www.todayonline.com/Hotnews/...ion-application-dismissed-by-High-Court-Judge
Surprised no one started a thread on this..
At least Judge Pillai interpreted the constitution for us, as opposed to having different interpretations from different perspectives.
Now just waiting for an MP to raise an issue to change that bit of constitution.. if at all possible..
