Explainer: What makes a by-election necessary in Malaysia, and when it is not?
KUALA LUMPUR, Aug 18 — The Election Commission (EC) has said there will not be a by-election held in the Subang pa...
By-elections in Malaysia occur when a parliamentary seat becomes vacant due to reasons other than the dissolution of Parliament. This requires the Election Commission (EC) to hold an election within sixty days of notification. Vacancies can arise if an incumbent resigns, is expelled, dies, or is disqualified from holding office. Disqualification for criminal conviction only applies after an appeal or royal pardon has concluded.
The disqualification provision under Article 49A, also known as the anti-party hopping law, came into effect in 2022. It automatically strips MPs of their seats if they switch parties. However, resignations do not automatically trigger a by-election, except in two scenarios. If the vacancy occurs within two years prior to the scheduled general election, the seat doesn't need to be filled.
The second exception is when the vacancy doesn't affect the party commanding a majority in the Dewan Rakyat, such as in the current unity government led by Pakatan Harapan. In this case, the Subang, Pandan, and Setiawangsa seats in Malaysia may remain vacant until the next general election.
Written by urgent.news from Malay Mail's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
