Which Senator had to resign so new people could be made SENATORS to be in new Cabinet?

There has been persons appointed as SENATORS by the Prime Minister just like that, it seems --- but then when we look at the Federal Constitution - we see that:-
1) There is a fixed number of Senators - 2 from each State, 2 from KL, 1 from Putrajaya, 1 from Labuan and 40 others.
2) The term of office is for a fixed period of THREE YEARS.

So when PM said this person made in Senator, the question is whether there were VACANCIES EXISTING that the Barisan Nasional can fill --- noting that now 5 States are controlled by Opposition (i.e. 10 Senatorial positions).

OR which Senator was asked to tender his resignation so that the PM's chosen could be made SENATORS...to become Cabinet Members..

FEDERAL CONSTITUTION

ACT 000

PART IV

THE FEDERATION

CHAPTER 4 - FEDERAL LEGISLATURE

45. Composition of Senate.

(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:

(a) two members for each State shall be elected in accordance with the Seventh Schedule; and

(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and

[Am. Act A1095 - Original Text read - (aa) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan shall be appointed by the Yang di-Pertuan Agong; and]

(b) forty members shall be appointed by the Yang di- Pertuan Agong.

(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

(3) The term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.

[Am. Act A1130]

(3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:

Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.

(4) Parliament may by law -

(a) increase to three the number of members to be elected for each State;

(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;

(c) decrease the number of appointed members or abolish appointed members.

SEVENTH SCHEDULE

[Article 45]

Election Of Senators

[Am. Act A1130]

1. (1) (Repealed).

(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.

2.(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.

(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.

(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.

3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as may be shall not of itself invalidate the election of any Senator.