Wong Souk Yee v AG [2019] SGCA 25 also seeking a similar remedy, which was a declaration that a by-election had to be called to fill a vacant seat, albeit in the context of an SMC. In examining Art 39(1)(a) in Vellama, we did not find anything in the provision which would suggest that a by-election had to be called. 82 In our judgment, Art 39(1)(a) is not a provision that deals with how mid- term vacancies are to be filled (that being the province of Art 49(1)); nor is it about by-elections at all. Rather, it is meant to be descriptive of the composition of Parliament. Insofar as the argument is that a failure to adhere to the number of elected Members specified in Art 39(1)(a) may appear to cause Parliament to be improperly constituted and that Parliament would then lack the competence to enact laws, this is an argument that was squarely considered and rejected in Vellama, and for the same reasons, we do likewise here. Whether leave should have been granted in the court below 83 Having found that the Appellant has failed to prove that the Constitution requires that a by-election must be held in MYT GRC, we turn to consider the question of whether there is nonetheless an arguable or prima facie case for granting the substantive reliefs which she sought in OS 1034, such that leave ought to have been granted in the court below. 84 The Appellant argues that the Judge erred in finding that there was no arguable or prima facie case of reasonable suspicion in favour of granting the remedies sought in OS 1034, and hence, his refusal to grant her leave to apply for judicial review (see [62] of Wong Souk Yee HC) was erroneous. 85 There are three requirements that must be satisfied before an applicant may be granted leave to commence judicial review proceedings (see AXY and others v Comptroller of Income Tax [2018] 1 SLR 1069 (“AXY”) at [33]). Only 35