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

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