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
