Wong Souk Yee v AG [2019] SGCA 25 to vacate their seats before an order can be made for a by-election to take place in respect of the GRC as a whole. This position is reflected in the mandatory order sought by the Appellant (see [9(a)] above). 20 The Respondent’s case exploits this aspect of the Appellant’s case. In addition to largely adopting the Judge’s reasoning in Wong Souk Yee HC, the Respondent highlights that on the Appellant’s own case, compelling the remaining Members of MYT GRC to vacate their seats is a necessary precondition for making an order that a by-election be held in MYT GRC. As such, the Respondent frames the critical issue in terms of whether there is any legal basis to grant the mandatory order that the remaining Members of MYT GRC vacate their seats. The Respondent contends that there is none. The issues to be determined 21 The key issue in the present appeal is whether the proper interpretation of Art 49(1) of the Constitution mandates that a by-election must be called in MYT GRC. In addition, there are four other issues which fall to be addressed: (a) whether Art 39A of the Constitution requires that a vacancy left specifically by a minority Member of a GRC other than by the dissolution of Parliament must in any event be filled by a by-election; (b) whether, by reason of voters’ implied right to representation in Parliament, the Appellant is entitled to an order for a by-election to be called in MYT GRC; (c) even if the Appellant fails in obtaining the substantive reliefs sought, whether she has nonetheless made out an arguable or prima facie case for granting those reliefs such that leave ought to have been granted in the court below; and 9