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05-07-2013, 07:30 PM
An honorable member of the Coffee Shop Has Just Posted the Following:
http://www.straitstimes.com/sites/straitstimes.com/files/imagecache/story-gallery-featured/VellamaMarie0507e.jpg
The Court of Appeal has ruled that the Prime Minister must call an election to fill a seat vacated by an elected Member of Parliament, overturning a previous decision by a High Court judge that the PM has the discretion to decide whether or not to call an election.
The decision brings to an end a long-running court case which has sparked much discussion since Hougang resident Vellama Marie Muthu applied for the High Court to rule on the issue in March last year after former Hougang MP Yaw Shin Leong vacated his seat.
Last August, Justice Philip Pillai dismissed Madam Vellama's bid after noting that the case turned upon the meaning of one word in Article 49 of the Constitution, which says a vacancy "shall be filled by election". Madam Vellama's lawyer M. Ravi had argued that the word "election" meant an election had to be held, while the Attorney-General's Chambers said "election" described the process of how a vacancy is to be filled. The judge stood with the latter interpretation.
Madam Vellama, a cleaner, had appealed against Justice Pillai's ruling. But after reserving judgement in January this year, the Court of Appeal said in its written judgement on Friday that the key lay in the word "shall" rather than "election". "Shall" indicates the act is mandatory, said the apex court, repeating an argument that Mr Ravi had earlier made.
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?156245-Ah-Neh-cleaner-wins-PM-Lee-over-court-case&goto=newpost).
http://www.straitstimes.com/sites/straitstimes.com/files/imagecache/story-gallery-featured/VellamaMarie0507e.jpg
The Court of Appeal has ruled that the Prime Minister must call an election to fill a seat vacated by an elected Member of Parliament, overturning a previous decision by a High Court judge that the PM has the discretion to decide whether or not to call an election.
The decision brings to an end a long-running court case which has sparked much discussion since Hougang resident Vellama Marie Muthu applied for the High Court to rule on the issue in March last year after former Hougang MP Yaw Shin Leong vacated his seat.
Last August, Justice Philip Pillai dismissed Madam Vellama's bid after noting that the case turned upon the meaning of one word in Article 49 of the Constitution, which says a vacancy "shall be filled by election". Madam Vellama's lawyer M. Ravi had argued that the word "election" meant an election had to be held, while the Attorney-General's Chambers said "election" described the process of how a vacancy is to be filled. The judge stood with the latter interpretation.
Madam Vellama, a cleaner, had appealed against Justice Pillai's ruling. But after reserving judgement in January this year, the Court of Appeal said in its written judgement on Friday that the key lay in the word "shall" rather than "election". "Shall" indicates the act is mandatory, said the apex court, repeating an argument that Mr Ravi had earlier made.
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?156245-Ah-Neh-cleaner-wins-PM-Lee-over-court-case&goto=newpost).