EC can't hold local polls for Penang, S'gor

The Election Commission (EC) said that it cannot hold local polls in Penang and Selangor as it is bound by such laws as Local Government Act 1976 (Act 171). 

EC chief Abdul Aziz Yusof ( left ) told a press conference in Putrajaya today that Act 171, among other things, states that local government polls have effectively been abolished.

However, said Abdul Aziz, the Penang and Selangor governments can still bring up the matter with the National Council for Local Government (NCLG).

"According to Article 95A of the Federal Constitution, any changes made to laws governing local government must first be approved by the NCLG.

"So the right people to bring this matter up to is the council, and not to us," he said.

If that council agrees to local elections being held, then Sections 10 and 15 (see chart) of Act 171 must be amended, he added.

Each state can choose its municipal councillors as it sees fit, said Abdul Aziz, but until the amendments have been passed, the EC cannot organise polls for them.

On the Selangor government's call for the commission to research the matter, he said that this was beyond the EC's role.

"The EC cannot conduct research for the Selangor government because this goes beyond our functions as outlined in the Federal Consitution and the Elections Act 1958," he said.  

EC stand 'convoluted'

Penang Chief Minister Lim Guan Eng, in an immediate reaction, expressed regret over the EC decision and said that he will raise it for discussion at the state exco meeting tomorrow.

"We will deliberate on the next course of action and we are not ruling out any other avenues to pursue this matter," Lim told a press conference in the Parliament lobby.

Lim, who is also Bagan DAP MP, described the EC's  letter to the Penang government explaining its stand on the matter as "very convoluted".

He also said that the commission's position that local councillors can only be appointed is not valid.

"This is contrary to the people's wishes for a return to local democracy, the restoration of the third vote so that we can empower the people, and (that) they should have locally-elected government leaders.

"As I (have) said (before), no taxation without representation. If you tax us, then we should have representation," he said.

"The EC could have discussed it with the state government or let the court decide on it. I regret that the EC is against the decision of the Penang state government.

"This (move for local polls) was a decision by the state government, not just a member of parliament or state government representatives. The EC should at least have discussed (it) with the state government," Lim added.

He also accused the EC of complying with the stance of the federal government instead of acting independently.

 

"The EC is taking the position of the taukeh ('big boss' referring to the premier)".

 

Selangor Menteri Besar Khalid Ibrahim reacted similarly when approached by reporters at Parliament, saying he will take the matter to the state executive council's meeting today.

"Legally, in their view, local government elections cannot be held unless the laws (are reviewed), (whereas) the state government has no power to undertake the elections," said the Bandar Tun Razak PKR MP.

Khalid said further that the state and federal governments should seriously consider bringing back local polls so that the people can have their say and exercise their democratic rights for representation at the local level.

 

'Too much politicking '

 

The EC chief’s statement has been anticipated for the past three weeks, following Lim's statement that he had sent a letter to Abdul Aziz on March 4 asking the commission to conduct election for the state's two local councils.

 

The state exco had, at a meeting on March 3, decided on local council elections being held, he wrote in the letter.

 

Lim ( right ) also cited Article 113(4) of the federal constitution, which states that "federal or state law may authorise the EC to conduct elections other than those referred to in Clause (1)".

 

Among the laws that empower the Penang government to conduct local elections are the Local Government Elections Act 1960 and Act 171, Lim added in the letter.

 

Khalid subsequently came out in support of the Penang government's move.

 

Prime Minister Najib Abdul Razak, however, responded that it is unnecessary to hold local government elections as this would cause too much politicking .

 

Najib said that, instead of electing councillors, the focus should be on improving services of local authorities.