Wong Souk Yee v AG
[2019] SGCA 25
[emphasis added]
37
Article 39A(1)(a) makes clear that elections in a GRC must be held “on
a basis of a group”. Read together, Art 49(1) and Art 39A(1)(a) suggest that a
by-election in a GRC can only be conducted if all the Members representing
that GRC have vacated their seats. The question is, what happens when only
one Member of a GRC vacates his or her seat?
38
Neither Art 49 nor Art 39A expressly provides for the vacating of the
seats of the other Members of that GRC in such a situation.
39
Additionally, Art 46 of the Constitution, which appears to exhaustively
set out the circumstances in which Members are required to vacate their seats,
similarly does not contemplate that all the seats in a GRC as a whole would be
deemed vacant where only one Member of that GRC vacates his or her seat.
Article 46(1) provides:
Tenure of office of Members
46.—(1) Every Member of Parliament shall cease to be a
Member at the next dissolution of Parliament after he has been
elected or appointed, or previously thereto if his seat becomes
vacant, under the provisions of this Constitution.
[emphasis added]
40
On a plain reading of Art 46(1), where there are grounds for the vacating
of a Member’s seat, such grounds would be found in the provisions of the
Constitution. Articles 46(2), 46(2A) and 46(2B) of the Constitution list various
circumstances that would cause a Member to vacate his or her seat. However,
none of these pertain to the situation where one Member of a GRC vacates his
or her seat.
41
Article 49(2)(a) further provides:
16