Opinion

By-elections inevitable in Perlis after PAS loses majority, constitutional expert says

The sacking of three PAS assemblymen has stripped the party of its majority in the state assembly triggering a constitutional requirement for by-elections

Updated 8 months ago · Published on 26 Dec 2025 4:41PM

By-elections inevitable in Perlis after PAS loses majority, constitutional expert says
Academician says the vacancies must be filled within 60 days from the receipt of the speaker’s notification - December 26, 2025

THE recent dismissal of three Perlis state assemblymen by Pas has left the party without a majority, necessitating by-elections under the Perlis Constitution, a constitutional expert has said.

Professor Dr Muhammad Fathi Yusof, a lecturer at the Faculty of Social Sciences and Humanities at Universiti Teknologi Malaysia, explained that Clause (5), Article 55 of the Perlis Constitution empowers the state assembly speaker to notify the Election Commission (EC) if a vacancy affects the majority held by the ruling party.

“The state has 15 seats, with three now vacant. The ruling party, Pas, has lost its majority,” he said.

He added that if Pas were to win the vacant seats again, it would restore its majority in the state assembly.

“The situation meets the criteria under the provision. The speaker should notify the EC. The Perlis Constitution clearly states that the EC shall conduct a by-election, so this is a constitutional duty rather than a matter of discretion,” he said when contacted.

While the same clause stipulates that by-elections are not required if vacancies occur after the state assembly has been in session for three years, it also allows the speaker to exercise discretion if the numerical strength of the majority party is affected.

In such cases, the vacancies must be filled within 60 days from the receipt of the speaker’s notification.

Yesterday, Perlis State Legislative Assembly speaker Rus’sele Eizan declared the Chuping, Bintong and Guar Sanji state seats vacant following the dismissal of Saad Seman (Chuping), Fakhrul Anwar Ismail (Bintong) and Mohd Ridzuan Hashim (Guar Sanji) from Pas. The speaker confirmed that he would notify the EC shortly.

The sacking of the assemblymen was announced by Pas president Tan Sri Abdul Hadi Awang on Wednesday, though no reasons were provided.

In a related development, Perlis Menteri Besar Mohd Shukri Ramli resigned yesterday, citing health reasons. Prior to his resignation, there were reports that several assemblymen from Pas and Parti Pribumi Bersatu Malaysia had withdrawn their support for him, further destabilising the state government. - December 26, 2025

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