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Seat vacanted by Halimah need to be filled by election - Constitution Act Article 49
#1
Filling of vacancies

49.—(1) Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy SHALL BE FILLED BY ELECTION in the manner provided by or under any law relating to Parliamentary elections for the time being in force.
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#2
[email protected] cannot appoint a grassroots advisor to fill the vacancy.

The vacancy needs to filled by by election.
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#3
Though the PM has the discretion to determine the time to conduct the by election.
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#4
Whenever the seat of a Member,

Could this be referring to SMC. GRC got many members.

You got the link to 49?
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#5
so? they can just change the act...thanks to dumbfarks 70%
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#6
The Court of Appeal emphasised two things.

First, the rule of law requires all discretionary power to be subject to legal limits, which makes it doubtful that the Constitution confers unfettered discretion on the Government to decide whether or not to call a by-election.

Secondly, since an MP is the “voice of his constituents”,[3] they would be left without proper parliamentary representation if a casual vacancy is left unfilled for an unnecessarily long time
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#7
Since the 1980s, the Government has asserted that this provision confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The Court held that this interpretation was incorrect.

In reaching this result, the Court reinforced the fact that it alone – and not the Government or Parliament – is the final arbiter of the Constitution’s meaning.

The High Court had held that the phrase “shall be filled by election” meant only that a casual vacancy had to be filled by means of an election, not that the Government was actually bound to hold a by-election.

Disagreeing, the Court of Appeal said the phrase meant both that the vacancy had to be filled, and it had to be filled through an election. However, it would not be necessary to call a by-election if a dissolution of Parliament was imminent.
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#8
"not being a non-constituency member"
What is a "non- constituency member"? Does that mean GRC?

MP representing SC is a "constituency member"? while those from GRC are non-constituency members?

Why they write in double negatives!!!???
Instead of saying "not being a non-constituency member" why not say " being a constituency member Tongue sticking out
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#9
Non constituency member refers to nominated mp.

GRC mp means Group representation constituency mp.
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#10
13-8-2017 12:28 AM
MiniMax said:
Non constituency member refers to nominated mp.

GRC mp means Group representation constituency mp.

Thank you
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