When Mr Yaw Shin Leong, MP for Hougang Single Member Constituency (SMC), a Member of Parliament was expelled, an applicant represented by M. Ravi, sought a declaration that the Prime Minister did not have unfettered discretion in deciding whether and when to call a by-election to fill the vacant seat in Parliament, given that art 49(1) of the Constitution provides that “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.” The commentary focuses on this substantive issue rather than the procedural issues and issues of locus standi, which the courts also discussed at length. Vellama d/o Marie Muthu v Attorney-General
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