What constitutional clause mandates by-elections within 21 days?

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Article 49A(3) of the Federal Constitution Mandates By-Elections Within 21 Days

Article 49A(3) of the Federal Constitution stipulates that the Speaker of the Dewan Rakyat must ensure that any unforeseen vacancy in a parliamentary seat is filled within 21 days of receiving official notice. This constitutional provision was further elaborated upon by former Speaker Tan Sri Azhar Azizan Harun, emphasizing the procedural timeline for addressing such vacancies. The requirement underscores the importance of timely elections to maintain representation in the legislative body.
Notice of Vacancies Submitted to Speaker's Office

Notices concerning the unexpected vacancies of six parliamentary seats have been formally sent and accepted by the Dewan Rakyat Speaker’s Office. These seats were previously held by Members of Parliament who had their memberships with Parti Pribumi Bersatu Malaysia (Bersatu) terminated. The specific constituencies affected include Jeli, Gua Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang, and Labuan.
Upholding Party Decisions Under Societies Act

Confirmation of these unexpected vacancies carries significant weight, particularly in light of Section 18C of the Societies Act. This section asserts the finality and conclusiveness of decisions made by political parties. Therefore, the Speaker is expected to respect these declarations, especially as they stem from internal party processes regarding membership cessation.
Speaker's Duty to Declare Vacancies and Inform EC

Datuk Seri Ronald Kiandee, the chief whip for Bersatu, stated that Speaker Tan Sri Johari Abdul is committed to upholding the independence of the legislative branch from partisan political influence. Consequently, it is incumbent upon the Speaker to formally declare the six parliamentary seats vacant and subsequently notify the Election Commission (EC). This notification is a prerequisite for the EC to commence the scheduling of by-elections for the affected constituencies.

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What constitutional clause mandates by-elections within 21 days?

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