一个最为明显的例子就是，当一个集选区席位出现空缺时，他们可以决定不进行补选以填补空缺。这是错误的。依据宪法第49条（1）的约定：“不论在任何情况下，除了国会解散情况下，一旦国会议员，指不是非选区议员的议席空缺时，必须举行补选，或者在任何与国会选举相关的法律条款下强制执行。”（“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.”）
我们已经委托Peter Low & Choo LLC为我们入禀法院起诉行动党的代表律师。真相入禀法院的起诉审前会有已经定于2017年10月9日。
SDP files lawsuit against PAP govt for refusing to call by-election
The SDP has filed a lawsuit in the High Court to declare that it is incumbent upon the Government to call for a by-election in the Marsiling-Yew Tee GRC due to Ms Halimah Yacob’s resignation from her seat.
For too long and on too many occasions, the PAP has made arbitrary and dubious decisions to amend the Constitution and statutes to preserve its own power. These decisions, however questionable, are rarely challenged.
One glaring example is the decision not to call for a by-election when a seat is vacated in a GRC. This is wrong given that Section Article 49 (1) of the Constitution states 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.”
It was the PAP that mandated that each GRC include at least one candidate from a predetermined minority race. But the same party is also the one who has arbitrarily decided that if that minority member resigns, there is no need to replace him or her in a by-election.
It is crucial at this time of Singapore’s development that the ruling clique does not run away with further manipulating the political system. Continued undemocratic one-party rule is not responsive to the aspirations and wishes of the Singaporean people and will only hasten the decline of this country.
Singapore is not the PAP; it is a sovereign nation. The PAP, on the other hand, is just a political party – like any other political party in Singapore. And like any other political party, it must serve the nation by respecting democracy – especially in spirit – enshrined in the Constitution.
This is the reason why the SDP is challenging the ruling party’s decision not to hold a by-election in Marsiling-Yew Tee in court. Even though it won the last elections and forms the government, it cannot and must not be allowed to do as it pleases without any check from the opposition.
We have engaged Peter Low & Choo LLC as counsel. The pre-trial conference has been set for 9 October 2017.
We also call on our fellow Singaporeans to support us in this matter by contributing financially to the expenses in the legal process. We will provide information on how to do this shortly.