Wong Souk Yee v Attorney-General: Judicial Review of By-Election Non-Requirement in Group Representation Constituency

In Wong Souk Yee v Attorney-General, the High Court of Singapore heard an application by Wong Souk Yee for mandatory orders compelling the remaining Members of Parliament in the Marsiling-Yew Tee Group Representation Constituency (GRC) to vacate their seats and for the Prime Minister to call a by-election, following the resignation of Madam Halimah Yacob. Alternatively, the applicant sought declaratory orders regarding the interpretation and validity of s 24(2A) of the Parliamentary Elections Act in relation to Article 49(1) of the Constitution. The court dismissed the application, holding that Article 49(1) does not require a by-election in a GRC unless all members have vacated their seats.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Constitutional

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Judicial review sought by Wong Souk Yee regarding the non-requirement of a by-election in the Marsiling-Yew Tee GRC after a Member of Parliament resigned. The application was dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralRespondentGovernment AgencyApplication dismissed.Won
Hui Choon Kuen of Attorney-General’s Chambers
Sivakumar Ramasamy of Attorney-General’s Chambers
Hri Kumar Nair SC of Attorney-General’s Chambers
Wong Souk YeeApplicantIndividualApplication dismissed.Lost

3. Judges

Judge NameTitleDelivered Judgment
Chua Lee MingJudgeYes

4. Counsels

Counsel NameOrganization
Hui Choon KuenAttorney-General’s Chambers
Sivakumar RamasamyAttorney-General’s Chambers
Hri Kumar Nair SCAttorney-General’s Chambers
Priscilla ChiaPeter Low & Choo LLC
Peter LowPeter Low & Choo LLC
Elaine LowPeter Low & Choo LLC
Ng Bing HongPeter Low & Choo LLC

4. Facts

  1. Madam Halimah Yacob resigned her seat in Parliament on 7 August 2017 to stand as a candidate in the 2017 Presidential Election.
  2. Madam Halimah was part of the Marsiling-Yew Tee GRC team.
  3. The Marsiling-Yew Tee GRC has been represented by the remaining three MPs since Madam Halimah vacated her seat.
  4. The Applicant sought mandatory orders for the remaining MPs to vacate their seats and for a writ of election to be issued.
  5. The Applicant argued that Article 49(1) of the Constitution requires a by-election when a seat in a GRC becomes vacant.
  6. The High Court dismissed the application, finding no legal basis to compel the remaining MPs to resign.

5. Formal Citations

  1. Wong Souk Yee v Attorney-General, Originating Summons No 1034 of 2017, [2018] SGHC 80

6. Timeline

DateEvent
General Elections held; Lawrence Wong, Alex Yam, Ong Teng Koon, and Halimah Yacob elected as Members of Parliament for Marsiling-Yew Tee GRC.
Halimah Yacob resigned from Parliament.
Halimah Yacob was sworn in as the 8th President of Singapore.
Originating Summons No 1034 of 2017 filed.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Interpretation of Article 49(1) of the Constitution
    • Outcome: The court held that Article 49(1) does not require a by-election in a GRC unless all members have vacated their seats.
    • Category: Substantive
    • Sub-Issues:
      • Application of Article 49(1) to Group Representation Constituencies
      • Requirement of by-election for vacated seat in GRC
  2. Validity of s 24(2A) of the Parliamentary Elections Act
    • Outcome: The court held that s 24(2A) of the PEA is consistent with Article 49(1) of the Constitution.
    • Category: Substantive
    • Sub-Issues:
      • Consistency of s 24(2A) with Article 49(1) of the Constitution
      • Requirement for all MPs in a GRC to vacate seats for a by-election
  3. Right to representation in Parliament
    • Outcome: The court held that the voters in the MYT GRC have not lost their right to be represented in Parliament as the GRC team continues to represent the GRC.
    • Category: Substantive
    • Sub-Issues:
      • Voters' right to be represented by an elected MP
      • Representation under the GRC scheme

8. Remedies Sought

  1. Mandatory orders for remaining MPs to vacate their seats
  2. Order for the Prime Minister to advise the President to issue a writ of election
  3. Declaratory orders regarding the interpretation of s 24(2A) of the PEA

9. Cause of Actions

  • Judicial Review

10. Practice Areas

  • Constitutional Litigation
  • Public Law
  • Election Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Vellama d/o Marie Muthu v Attorney-GeneralHigh CourtYes[2013] 4 SLR 1SingaporeCited regarding the application of Article 49(1) in the case of a single member constituency.
Tan Cheng Bock v Attorney GeneralCourt of AppealYes[2017] 2 SLR 850SingaporeCited for the principles of statutory interpretation, specifically the purposive approach.
Comptroller of Income Tax v MTCourt of AppealYes[2006] 3 SLR(R) 688SingaporeCited for the application of updating construction in statutory interpretation.
Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte LtdCourt of AppealYes[2016] 4 SLR 694SingaporeCited for the conditions to be satisfied before the court will read words into a statute to rectify what it perceives to be an error in legislative drafting.
Kok Chong Weng and others v Wiener Robert Lorenz and others (Ankerite Pte Ltd, intervener)Court of AppealYes[2009] 2 SLR(R) 709SingaporeCited for the conditions to be satisfied before the court will read words into a statute to rectify what it perceives to be an error in legislative drafting.
Yong Vui Kong v Public ProsecutorCourt of AppealYes[2015] 2 SLR 1129SingaporeCited regarding the basic structure doctrine and the right to vote.
Vellama d/o Marie Muthu v Attorney-GeneralHigh CourtYes[2013] 1 SLR 797SingaporeCited regarding costs in public law issues.

13. Applicable Rules

Rule Name
Rules of Court (Cap 332, 2014 Rev Ed) O 53 r 1 (1)

14. Applicable Statutes

Statute NameJurisdiction
Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Article 49(1)Singapore
Parliamentary Elections Act (Cap 218, 2011 Rev Ed) s 24(2A)Singapore
Constitution of the Republic of Singapore Article 46(2)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Group Representation Constituency
  • GRC
  • By-election
  • Article 49(1)
  • Parliamentary Elections Act
  • s 24(2A)
  • Constitution
  • Judicial Review
  • Mandatory Order
  • Declaratory Order

15.2 Keywords

  • By-election
  • GRC
  • Singapore Constitution
  • Judicial Review
  • Parliamentary Elections Act

17. Areas of Law

Area NameRelevance Score
Constitutional Law90
Parliamentary Elections80
Administrative Law75

16. Subjects

  • Constitutional Law
  • Administrative Law
  • Elections
  • Parliament