Singapore legislation
Section 91
Section 91
Proceedings in respect of qualification
(1)
Proceedings may be instituted in the General Division of the High Court against any person acting or claiming to be entitled to act as an elected Member on the ground of his or her being disqualified within the meaning of this section for so acting.
(2)
Proceedings under subsection (1) on the ground of a person acting as aforesaid must not be instituted after the end of 6 months from the date of the last occasion on which he or she so acted.
(3)
Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member while disqualified from so acting, then the General Division of the High Court has power —
to make a declaration to that effect and to declare that the office in which the defendant has acted is vacant;
to grant an injunction restraining the defendant from so acting; and
to make any order which may seem fit as to the costs of the proceedings.
(4)
Where in proceedings instituted under this section it is proved that the defendant claims to act as an elected Member and is disqualified from so acting, the General Division of the High Court has power to make a declaration to that effect and to declare that the office in which the defendant claims to be entitled to act is vacant, and to grant an injunction restraining him or her from so acting.
(5)
Proceedings must not be instituted under this section by any person other than a person who pursuant to this Act is an elector for the electoral division for which the person against whom proceedings are to be instituted was elected.
(6)
For the purposes of this section, a person is deemed to be disqualified for acting as an elected Member —
if he or she is not qualified to be, or is disqualified from being, an elected Member or a holder of that office; or
if by reason of resignation or failure to attend meetings of Parliament or for any other reason his or her seat has become vacant and he or she has ceased to be an elected Member or to hold that office.