Mohamed Azmi J:

The brief facts of this case, as disclosed in the affidavits, are as follows. The plaintiff, Mr. Fan Yew Teng, was returned as a Member of Parliament for the Parliamentary Constituency of Menglembu in the General Election held in August 1974. On 13 January 1975 he was convicted in the High Court at Kuala Lumpur and sentenced to a fine of $2,000 or six months imprisonment for an offence under s. 4(1)(c) of the Sedition Act (Revised 1969). On the same day, he appealed against the said decision and the appeal is now pending in the Federal Court. By letter dated 4 February 1975 he was informed by the Setia Usaha, Dewan Ra'ayat (first defendant) presumably acting on the direction of the Speaker, that on his conviction and sentence aforesaid he had become disqualified under article 48(1)(e) of the Federal Constitution, and by virtue of article 50(1) his seat had become vacant. By writ of election dated 17 February 1975, the Secretary to the Election Commission directed the Returning Officer for the Parliamentary Constituency of Menglembu to proceed with the byeelection of the said constituency. The required notice under reg. 3(1) of the Elections (Conduct of Elec