BN may opt to avoid by-election in risky seat, says lawyer

There is a possibility that the Sungai Besar parliament seat will only be declared vacant after June 24, said lawyer Mohamad Siddiq Azani.

He added this would help BN avoid a by-election in the constituency, where its late incumbent from Umno won with a razor-thin 399-vote majority in the 2013 general election.

Sungai Besar MP Noriah Kasnon, who is also a deputy minister, was killed in a helicopter crash in Sarawak on Thursday.

"If there is a casual vacancy (vacancy by death) in the Dewan Rakyat, the Election Commission shall establish there is a casual vacancy. This can be done by way of notification/announcement by the EC chairperson.

"An election shall be held within 60 days from the date of notification of the said vacancy by the EC," Siddiq told Malaysiakini.

"Dewan Rakyat has its span of five years and a complete three years cycle will render the Dewan stands dissolved; meaning that if any casual vacancy occurs after the complete cycle of three years, no by election shall be held unless upon request by the speaker," he added.

Siddiq noted that the Dewan would soon complete its three years cycle on June 24, which is 48 days from now.

"If my law and politics reading serves me correctly, BN would not dare declare the Sg Besar seat vacant before the three-year cycle is completed, because that would result to a by election being held in a seat where it won with just 399 majority in the last election.

"The seat might only be declared vacant after June 24, 2016, which means no by election would be held as the Dewan stands dissolved," he said.

In the 2013 general election, Noriah defeated PAS candidate Mohamed Salleh M Husin.

The deputy minister garnered 18,695 votes while her rival received 18,296 in the Malay-majority Selangor constituency, which has 42,837 voters.