Wong Souk Yee v AG
[2019] SGCA 25
the event that a minority community Member (“minority Member”) of that GRC
were to step down in order to contest a presidential election. Mr Chan Chun
Sing, then Minister in the Prime Minister’s Office, replied that there would be
no need to call a by-election if a single minority Member of a GRC were to
resign.
8
As we have already noted, on 7 August 2017, Mdm Halimah resigned
her seat as a Member for MYT GRC to stand for the 2017 Presidential Election.
No by-election was called, and MYT GRC continues to be represented by the
remaining Members of the PAP team which won that constituency in the 2015
General Election.
The proceedings below
9
On 13 September 2017, the SDP and the Appellant filed Originating
Summons No 1034 of 2017 (“OS 1034”) in the High Court seeking leave to
apply for the following reliefs:
(a)
a mandatory order that the three remaining Members of
MYT GRC vacate their seats, and that thereafter, a by-election be held
“with all convenient speed” for MYT GRC;
(b)
a declaratory order that s 24(2A) of the Parliamentary Elections
Act (Cap 218, 2011 Rev Ed) (“the PEA”) must be interpreted as
requiring all the remaining Members of a GRC to vacate their seats when
a Member of the GRC vacates his or her seat, or, in the alternative, where
the only minority Member of the GRC vacates his or her seat; and
(c)
in the alternative, a declaratory order that s 24(2A) of the PEA is
void for inconsistency with Art 49(1) of the Constitution.
4