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SINGAPORE - A Hougang resident's bid to have the High Court declare the Prime Minister does not have "unfettered discretion" in whether and when to call a by-election is set to proceed in open court on July 16 and 17.
High Court Judge Philip Pillai yesterday dismissed an application by the Attorney-General's Chambers (AGC) to strike out the hearing of the judicial review application after a two-and-a-half-hour session held behind closed doors, with judgment on costs reserved.
Justice Pillai, however, also dismissed the application submitted by Madam Vellama Marie Muthu's lawyer M Ravi to summon the Prime Minister for cross-examination.
Mdm Vellama, 42, a part-time cleaner, filed her application on March 2, following the sacking of former Member of Parliament Yaw Shin Leong from the Workers' Party on Feb 15.
In a statement yesterday, the AGC said it had argued that Mdm Vellama's application should be struck out as the by-election had already been called and held in May.
"The Court took the view that it would not have regard to the calling and holding of the Hougang by-election in the striking-out application since these events occurred after leave was granted on April 3, 2012," said the AGC, but it added that it could still raise these matters at the hearing.
The AGC first applied to strike out the summons for a hearing on May 30, after the May 26 by-election.
Mdm Vellama offered to withdraw her bid on June 21 if the Prime Minister declared that when a Parliament seat is vacated, a by-election must be called within three months or a reasonable time.
Two days later, the AGC reiterated that it intended "to proceed with its application to strike out the plaintiff's proceedings".
Mr Ravi on Wednesday said the case "continues to have constitutional significance" and it is "extremely important that the courts determine the precise boundaries of the Prime Minister's power".
High Court Judge Philip Pillai yesterday dismissed an application by the Attorney-General's Chambers (AGC) to strike out the hearing of the judicial review application after a two-and-a-half-hour session held behind closed doors, with judgment on costs reserved.
Justice Pillai, however, also dismissed the application submitted by Madam Vellama Marie Muthu's lawyer M Ravi to summon the Prime Minister for cross-examination.
Mdm Vellama, 42, a part-time cleaner, filed her application on March 2, following the sacking of former Member of Parliament Yaw Shin Leong from the Workers' Party on Feb 15.
In a statement yesterday, the AGC said it had argued that Mdm Vellama's application should be struck out as the by-election had already been called and held in May.
"The Court took the view that it would not have regard to the calling and holding of the Hougang by-election in the striking-out application since these events occurred after leave was granted on April 3, 2012," said the AGC, but it added that it could still raise these matters at the hearing.
The AGC first applied to strike out the summons for a hearing on May 30, after the May 26 by-election.
Mdm Vellama offered to withdraw her bid on June 21 if the Prime Minister declared that when a Parliament seat is vacated, a by-election must be called within three months or a reasonable time.
Two days later, the AGC reiterated that it intended "to proceed with its application to strike out the plaintiff's proceedings".
Mr Ravi on Wednesday said the case "continues to have constitutional significance" and it is "extremely important that the courts determine the precise boundaries of the Prime Minister's power".
