Vellama v AG: Prime Minister's Discretion on By-Elections in Hougang SMC
In Vellama d/o Marie Muthu v Attorney-General, the High Court of Singapore heard an application by Madam Vellama seeking declarations and a mandatory order related to the timing of by-elections in Hougang Single Member Constituency (SMC). The applicant sought to compel the Prime Minister to advise the President to issue a Writ of Election. Philip Pillai J dismissed the application, holding that the Prime Minister has discretion on when to call for by-elections.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Constitutional
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that the Prime Minister has discretion on when to call by-elections in Hougang SMC, dismissing the application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Judgment for Respondent | Won | David Chong of Attorney-General’s Chambers Tammy Low of Attorney-General’s Chambers |
| Vellama d/o Marie Muthu | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Chong | Attorney-General’s Chambers |
| Tammy Low | Attorney-General’s Chambers |
| M Ravi | LF Violet Netto |
4. Facts
- Mr. Yaw Shin Leong, a Workers’ Party member, was elected as Member of Parliament for Hougang SMC on 7 May 2011.
- On 15 February 2012, the Workers’ Party expelled Mr. Yaw Shin Leong.
- On 28 February 2012, the Speaker of Parliament announced that Mr. Yaw Shin Leong’s seat was vacant.
- Madam Vellama filed Originating Summons No 196 of 2012 on 2 March 2012, seeking declarations and a mandatory order.
- The Prime Minister announced on 9 March 2012 his intention to call a by-election in Hougang.
- The President issued the writ of election for Hougang SMC on 9 May 2012, with the election held on 26 May 2012.
- Mr. Png Eng Huat of the Workers’ Party was elected as the Member of Parliament for Hougang SMC on 26 May 2012.
5. Formal Citations
- Vellama d/o Marie Muthu v Attorney-General, Originating Summons No 196 of 2012 (Summons No 2639 of 2012), [2012] SGHC 155
6. Timeline
| Date | Event |
|---|---|
| Mr Yaw Shin Leong elected as Member of Parliament for Hougang SMC. | |
| Workers’ Party declared Mr Yaw Shin Leong expelled from the party. | |
| Speaker of Parliament announced Mr Yaw Shin Leong’s seat had become vacant. | |
| Madam Vellama filed Originating Summons No 196 of 2012. | |
| Prime Minister announced intention to call a by-election in Hougang. | |
| Leave granted for the applicant to proceed to the second stage. | |
| President issued the writ of election for Hougang SMC. | |
| Attorney-General withdrew the appeal against the grant of leave. | |
| Mr Png Eng Huat elected as Member of Parliament for Hougang SMC. | |
| Applicant filed Summons No 2639 of 2012. | |
| Open court hearing held. | |
| Judgment reserved. |
7. Legal Issues
- Prime Minister's Discretion in Calling By-Elections
- Outcome: The court held that the Prime Minister has discretion on when to call by-elections to fill vacancies of elected Members of Parliament.
- Category: Substantive
- Granting Standalone Declarations under Order 53
- Outcome: The court held that it does not have the power to grant a standalone declaration under Order 53 if the application for a Mandatory Order which included such declaration, fails.
- Category: Procedural
8. Remedies Sought
- Declarations
- Mandatory Order
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Public Law
- Constitutional Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Inland Revenue Commissioners v National Federation of Self-Employed and Small Businesses Ltd | House of Lords | Yes | [1982] 1 AC 617 | United Kingdom | Cited to explain that government officers are accountable to Parliament for efficiency and policy, but to the court for lawfulness. |
| Procedure and Prerogative in Public Law | N/A | Yes | [1985] 101 LQR 180 | N/A | Cited to explain how the prerogative orders of certiorari, prohibition, and mandamus operate. |
| Vellama d/o Marie Muthu v Attorney-General | High Court | Yes | [2012] 2 SLR 1033 | Singapore | Cited as the Leave Judgment, setting out the grounds for granting leave to proceed. |
| Yong Vui Kong v Attorney-General | Court of Appeal | Yes | [2011] 2 SLR 1189 | Singapore | Cited to show that declaratory relief is not a remedy provided for under Order 53 of the Rules of Court prior to the amendment on 1 May 2011. |
| Karaha Bodas Co LLC v Pertamina Energy Trading Ltd and anor appeal | Court of Appeal | Yes | [2006] 1 SLR(R) 112 | Singapore | Cited for the requirements that must be satisfied before the court will grant a declaration. |
| Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd | N/A | Yes | [1921] 2 AC 438 | United Kingdom | Cited to support the point that the grant of a declaration is a matter of the court’s discretion. |
| Hinds v The Queen | N/A | Yes | [1977] 1 AC 195 | N/A | Cited for the principle that a constitution is to be construed in the light of its context and circumstances. |
| Yip Kok Seng v Traditional Chinese Medicine Practitioners Board | High Court | Yes | [2010] 4 SLR 990 | Singapore | Cited for observations on the need for law reform of Order 53 to streamline and consolidate judicial review remedies. |
| Gibson v Union of Shop, Distributive and Allied Workers | N/A | Yes | [1968] 1 WLR 1187 | N/A | Cited for the implications of subsequent events on the application for a declaration. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) Order 53 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Constitution of the Republic of Singapore Article 49(1) | Singapore |
| Constitution of the Republic of Singapore Article 66 | Singapore |
| Rules of Court Order 53 | Singapore |
| Rules of Court Order 15 rule 16 | Singapore |
| Parliamentary Elections Act (Cap 218, 2011 Rev Ed) section 24(1) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) section 52 | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) section 3 | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) section 18(2) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) section 3(h) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- By-election
- Mandatory Order
- Judicial Review
- Prime Minister's Discretion
- Hougang SMC
- Article 49(1)
- Article 66
- Rules of Court Order 53
- Rules of Court Order 15 rule 16
15.2 Keywords
- By-election
- Prime Minister
- Discretion
- Hougang
- Singapore
- Constitution
- Judicial Review
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Constitutional Law | 95 |
| Administrative Law | 75 |
| Civil Procedure | 60 |
16. Subjects
- Constitutional Law
- Elections
- Separation of Powers
- Parliamentary Procedure