SINGAPORE - Singapore's apex court has dismissed an appeal for the remaining three MPs in Marsiling-Yew Tee GRC to vacate their seats, and for a by-election to be called in the constituency.
This was also Parliament's intention when it amended the Constitution in 1988 to introduce the GRC scheme, the five-judge court noted. Among their arguments, Dr Wong's lawyers turned to Article 49 of the Constitution, which states that when"the seat of a Member... has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election".
The Constitution is"conspicuously silent and does not expressly compel the other Members of the affected GRC to vacate their seats", in a scenario where a single seat in a GRC has been vacated, the Court of Appeal said. This arrangement, it was decided then, was preferable to the alternative, of the possibility that one Member of a GRC team could hold the other Members of the team to ransom.
Parliament"had decided that this risk was an acceptable trade-off for preventing a Member of a GRC from otherwise being able to hold the rest of the Members of that GRC to ransom", the court said.
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