KUALA LUMPUR — The Election Commission (EC) has said there will not be a by-election held in the Subang parliamentary constituency following its incumbent Wong Chen’s resignation. 

A similar decision was made when Datuk Seri Rafizi Ramli and Nik Nazmi Nik Ahmad vacated their Pandan and Setiawangsa parliamentary seats respectively in May.

So, what calls for a by-election in Malaysia?

By-elections are held when a seat falls vacant for reasons other than the dissolution of Parliament.

Article 54(1) of the Federal Constitution requires a by-election to be held within sixty days from the time the EC gets notified about a vacant seat. 

A seat becomes vacant if the incumbent resigns, gets expelled, passes away or gets disqualified from holding office.

Members of Parliament (MPs) or state assemblymen can lose their seats for a number of reasons, including: 

being of unsound mind

is an undischarged bankrupt 

holding an office for profit

failing to declare election expenses 

absence from every Dewan Rakyat or the State Legislative Assembly sitting for six months (unless granted leave of absence)

failure to take oath of office within three months after Dewan Rakyat convenes

becoming citizen of another country

simultaneous membership in Dewan Rakyat and Dewan Negara

convicted of a criminal offence and sentenced to one year’s imprisonment or a fine of RM2000 or more. 

However, the disqualification following a criminal conviction only takes place after the MP fails in his appeals or after the disposal of his petition for a royal pardon.