Perlis constitution allows by-elections if majority is affected, says former EC chair


KUALA LUMPUR: Provisions in the Perlis State Constitution allow for by-elections to be held if the state government’s majority is affected, says a former Election Commission (EC) chairman.

Tan Sri Abdul Aziz Mohd Yusof said a by-election must be held if the Speaker certifies that the government no longer commands a majority, in accordance with state law, even if the state legislative assembly still has about two years remaining before its term ends.

"In the case of the Perlis legislative assembly, since the Speaker has announced that the majority has been affected, the EC is required to hold a by-election,” he explained.

Abdul Aziz said the absence of a simple majority would disrupt governance, expose the government to votes of no confidence and hinder the Assembly’s ability to approve administrative and legislative matters.

He added that if no simple majority exists, the Menteri Besar may seek the consent of the Raja of Perlis, Tuanku Syed Sirajuddin Putra Jamalullail, to dissolve the state legislative assembly and pave the way for a state election.

The situation arose after three seats, Chuping, Bintong and Guar Sanji, became vacant following the immediate cessation of membership of three assemblymen, under Clause (1)(a)(ii) Article 50A of the Perlis State Constitution, as announced by Speaker Rus’sele Eizan on Thursday (Dec 25).

On Wednesday (Dec 24), PAS president Tan Sri Abdul Hadi Awang announced that the party membership of Chuping assemblyman Saad Seman, Bintong assemblyman Fakhrul Anwar Ismail and Guar Sanji assemblyman Mohd Ridzuan Hashim had ceased with immediate effect under Clause 76 and Clause 15A(1)(b) of the PAS Constitution (Amendment 2025).

This comes after the trio were alleged to have met the Raja of Perlis to withdraw their support for former Mentri Besar Mohd Shukri Ramli.

Following the vacancies, Rus’sele said the Assembly would exercise discretion under Clause (5) Article 55 of the Perlis State Constitution to notify the Election Commission that the numerical strength of parties forming the majority in the Assembly had been affected.

He said that although elections are generally not required to fill unforeseen vacancies once the Assembly has served three years or more, the vacancies should be filled in the interest of political stability and to ensure effective service delivery to the people. – Bernama

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Teen among eight nabbed in Johor drug raids, over 60kg of meth seized
Tremors felt in west coast of peninsula after quake strikes north Sumatra
INTERACTIVE: 58% of The Star readers polled backed champions Spain
Forest City’s Network School shut down after business licence revoked
Agrobank, GPPPKMM team up to boost hawker financing nationwide
Shop owner, foreigner plead guilty over 1kg subsidised cooking oil sale
Negri polls: Why wait for the PM, quit Cabinet if you think you're right, Amanah veep tells BN leader
Put traffic offenders through 'road rehab' before letting them drive again, says Lam Thye
Keropok seller claims trial to smuggling attempt using drone
Negri polls: Religious dept suspends teaching credentials of candidates

Others Also Read