Court reserves judgment on Hougang by-election application

Judgment has been reserved on the application by a Hougang resident for the High Court to declare that the Prime Minister does not have "unfettered discretion" in deciding whether and when to call for by-elections.

This was after lawyers spent over three hours yesterday presenting their arguments behind closed doors in Justice Philip Pillai's chambers.

Plaintiff Vellama Marie Muthu, a 42-year-old part-time cleaner, had filed an application on March 2 for the Prime Minister to be held accountable for calling a by-election in Hougang, following the sacking of former Member of Parliament Yaw Shin Leong from the Workers' Party.

Her lawyer, Mr M Ravi, had asked the court to grant her a Mandatory Order for the Prime Minister to call a by-election in Hougang within three months, or within a "reasonable time" determined by the court.

Yesterday, the Attorney-General's Chambers (AGC), represented by Chief Counsel David Chong, sought to prove that Madam Vellama's application was "wholly misconceived" and "is legally unsustainable and is unarguable in law and fact".

Noting that Prime Minister Lee Hsien Loong "is presently engaged in deciding when to call the by-election in Hougang", and that he has not refused to exercise his discretion under Article 49 (1) of the Constitution, the AGC said that there is no legal nor factual basis for the application. Article 49 (1) deals with vacancies in parliamentary seats where Parliament has not been dissolved.

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