SINGAPORE: The Court of Appeal on Wednesday ruled that there is no requirement for a by-election to be called in Marsiling-Yew Tee Group Representation Constituency after MadamIn its written judgment, the five-judge court dismissed the appeal by Singapore Democratic Party member
"When amending the Constitution to implement the GRC scheme, Parliament never intended that a single vacancy in a GRC would trigger an obligation on the Government to call a by-election," said Chief Justice Sundaresh Menon, who delivered the decision. Madam Halimah Yacob resigned from her roles as Marsiling-Yew Tee GRC MP and Speaker of Parliament in August 2017 in order to stand in the presidential election, which she won in a walkover.Dr Wong filed a civil suit in the High Court seeking for a by-election to be held after the other three members of Marsiling-Yew Tee GRC vacated their seats.
The Court of Appeal in its decision highlighted three possible interpretations of Article 49, in the context of a vacancy appearing in a single seat in a GRC. The third is that the vacant MP's seat that the Constitution deems must be filled by a by-election refers only to the seat of an SMC member and does not apply to seats in a GRC at all. This was the AG's second interpretation of the article.
It has become an illegal grc. Grc requires a minority representation. In GE, minority representation in grc is 'must have' requirement . Shocking!
The reason for requiring a by-election should be the GRC has no sitting minority MP and therefore has now fail to fulfil its requirement.
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