January 02, 2008   
KUALA LUMPUR, Jan 2 (Bernama) — There is no need for a by- election in the Labis parliamentary constituency following the resignation of its Member of Parliament, Datuk Seri Dr Chua Soi Lek, the Chairman of the Election Commission, Tan Sri Abdul Rashid Abdul Rahman, said today.

According to him, an election can be held two years prior to the expiry of the parliamentary term as provided for under Article (1) 54 of the Federal Constitution.
“The tenure of Parliament is for five years, we have already gone past three and a half years and have a balance of one and a half years. Based on the Constitution, there is no need (for a by-election),” he told Bernama.
However, Abdul Rashid said a by-election could be held if there was a request by the party in power to fill the vacancy.
“The ruling party can ask the Speaker in Parliament to inform the Election Commission that it needs the seat to be filled,” he said.
He said in view of the fact that the Barisan Nasional controlled more than two-thirds of the Dewan Rakyat, the vacancy need not be filled.
The Federal Constitution states that the vacancy cannot be filled unless the Speaker of the Dewan Rakyat informed the EC in writing that the party, which formed the majority in the House, would be jeopardised by the vacancy.
Dr Chua, 61, who admitted that he was the person in a widely-circulated pornographic DVD in Johor yesterday, had resigned as Health Minuister, the MP for Labis and all party posts in the MCA with immediate effect today.