A general view of the Election Commission headquarters in Putrajaya, March 29, 2021. — Bernama pic
KUALA LUMPUR, Aug 9 — A by-election will not be held to fill the vacant Melor state seat in Kelantan following the death of its incumbent assemblyman, the Election Commission (EC) said today.
EC secretary Datuk Ikmalrudin Ishak said the Kelantan state legislative assembly Speaker Datuk Abdullah Ya’kub had informed the commission of the seat’s unexpected vacancy — following the death of assemblyman Md Yusnan Yusof on April 30 — in a letter dated August 8.
However, based on the Emergency Proclamation enforced from January 11 until August 1 and Section 13 of the Emergency (Essential Powers) Ordinance 2021, Ikmalrudin said the provisions of any state constitution relating to the elections of the state legislative assembly shall have no effect during the Emergency.
“Under Article 46 (5) of the Kelantan State Constitution, a state seat has to be filled within 60 days after falling vacant.
“If the vacancy is confirmed within two years from the date of the state legislative assembly’s dissolution, then there is no need for the vacancy to be filled unless the Speaker in writing informs the EC under Clause (3).
“Subsequently, the Speaker has informed the EC that there is no need for the vacancy to be filled. With that, there will be no by-election to fill the Melor seat vacancy,” Ikmalrudin said in a statement here.
Md Yusnan, who died of a heart attack on April 30, held the Melor state seat for two terms after winning it in the 13th and 14th general elections.