SINGAPORE - The Court of Appeal has ruled that the Prime Minister does not have “unfettered discretion” over when and whether to call a by-election, overruling a high court judgment made last year.

In a 57-page judgment released today, Judges of Appeal Chao Hick Tin, Andrew Phang and V K Rajah, also said that Mdm Vellama Marie Muthu, who sought a declaration as to the proper construction of Article 49 of the Constitution following the vacating of the Hougang Single Member Constituency (SMC) seat by Mr Yaw Shin Leong in February last year, did not have standing to seek “declaratory relief” as she incurred no “special damage” as a result of the vacancy.

A mandatory order requiring the Prime Minister to advise the President to issue a writ of election for Hougang SMC “within three months from the date of the vacancy” or other reasonable period the court deemed fit was also sought. However, the judges said that Mdm Vellama’s application was “clearly premature” because as at the hearing of the leave application on April 3 last year, Prime Minister Lee Hsien Loong had already declared that a by-election would be held, rendering her claim to one of no “factual basis”.