SINGAPORE: Singapore Democratic Party (SDP) member Wong Souk Yee has lost her lawsuit against the Government over its decision not to call a by-election in Marsiling-Yew Tee Group Representation Constituency (GRC).
The SDP assistant treasurer has been ordered to pay costs amounting to S$10,764.35.
The SDP and Dr Wong filed a lawsuit in September 2017 challenging the Government’s decision not to call a by-election in the four-member Marsiling-Yew Tee GRC following the resignation of then-Member of Parliament (MP) Halimah Yacob to run for President.
Mdm Halimah won the Presidency in a walkover.
Dr Wong had urged the High Court to ask Prime Minister Lee Hsien Loong to advise Mdm Halimah to issue a writ of election for the GRC. Otherwise, the three remaining MPs should vacate their seats in order for a by-election to be called, Dr Wong argued, citing the Constitution and the Parliamentary Elections Act. She is represented by Mr Peter Low.
Giving his verdict on Monday (Apr 9), High Court Justice Chua Lee Ming said that a by-election should be called only when all seats in a GRC are vacated. He said that there is no legal basis to ask the three remaining MPs to resign.
AdvertisementAdvertisementHe also stated that contrary to Dr Wong’s argument, voters have not lost their right to representation in Parliament. They continue to be represented, albeit by one fewer MP, Justice Chua said.
Speaking to the media after the ruling was given, SDP chairman Paul Tambyah said: "We didn't create the GRC system, so if a minority representative resigns, then really it's the Government's job to find a replacement ... we'll look through the judgment and hopefully we'll make a decision (on whether to appeal) pretty soon."
The three remaining MPs – Minister for National Development Lawrence Wong, Mr Alex Yam and Mr Ong Teng Koon – had said they would take turns to cover Mdm Halimah’s meet-the-people sessions in the Marsiling ward.
The SDP's position is that the Government has to ensure that "an MP who vacates his/her seat be replaced by another MP through a by-election”.
The party argued that Mdm Halimah’s resignation meant the GRC would be left without an elected minority MP and would not be fully represented in Parliament until the next general election if a by-election is not called.
At a closed-door hearing at the High Court in November, the SDP pulled out of the legal challenge, citing the Attorney-General’s objection to the party’s inclusion. The SDP’s withdrawal left Dr Wong as the sole plaintiff in the lawsuit.
Dr Wong, a resident in the GRC, had stated in an affidavit that she would contest a by-election if one is called.
Deputy Attorney-General Hri Kumar Nair had rubbished Dr Wong’s case, calling her arguments “fundamentally flawed”. A by-election is only required when all the MPs in a GRC have vacated their seats, he said. Mr Nair added that the High Court does not have the power to ask three elected MPs to resign.
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