The Online Citizen

AGC appeals against decision in by-election case

April 04
17:54 2012

~ By Gangasudhan ~

The Attorney-General has just filed a Notice of Appeal against "whole of the Honourable Justice Phillip Pillai’s decision on 3 April 2012" and is also additionally seeking for the "appeal to be heard on an expedited basis" – possibly sometime this week.

According to documents served on the respondent, Mdm Vellama, through her lawyers, the appeal is against the decision (a) to allow the application for leave to apply for a Mandatory Order, and (b) to allow the Respondent to apply for a Declaration.

As to the reasons why the AG is seeking an expedited hearing "at the earliest possible date and in any event, before 16 April", the document states:

(a) the Respondent consistently argued that her application is made on the basis that the matter concerned is of great urgency; and, (b) the hearing for the Respondent’s substantive application is fixed on 16 April 2012 at the Respondent’s request for an early hearing date

Mdm Vella's original application to the Supreme Court is to ask the court to issue the following ruling:

Mandatory Order enjoining the Prime Minister

a) To advise the President to issue a Writ of Election mandating by-elections in Hougang SMC pursuant to Article 49(1) of the Constitution of the Republic of Singapore (1999 Rev Ed Sing) and Section 24(1) of the Parliamentary Elections Act (Cap 218, 2011 Rev Ed Sing); and

b) To tender such advice in accordance with [the paragraph] above within three months or within such reasonable time as this Honourable Court deems fit

Declaration (by the Supreme Court)

a) That the Prime Minister does not have unfettered discretion in deciding whether to announce by-elections in Hougang Single Member Constituency ("SMC")

b) That the Prirne Minister does not have unfettered discretion to decide when to announce by-elections in Hougang SMC and must do so within three months or within such reasonable time as this Honourable Court deems fit

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