Section 53

Subject to subsection (3), if any non‑constituency Member declared to be elected under section 52 fails to take and subscribe before Parliament the Oath of Allegiance under Article 61 of the Constitution at the first or second sitting of Parliament during its first session after the general election, Parliament may by resolution declare that his or her seat has become vacant and that it be filled by the next succeeding candidate at the general election in the order of priority as determined in accordance with section 52(2) from among those candidates who are eligible to be elected as non‑constituency Members and have not been so elected.

The candidate last mentioned in subsection (1) is, upon such resolution, deemed to be elected as a non‑constituency Member under section 52 in place of the non‑constituency Member whose seat was declared vacant.

Parliament must not move any resolution under subsection (1) unless the next succeeding candidate has polled not less than 15% of the total number of votes (other than rejected votes) polled at the election in the electoral division contested by him or her.