COMMENT | The call to restore local government elections has been ongoing since they were abolished in 1965. Many civil society groups, lawyers, and political parties have spoken and written about the need to give people back their “third vote”.

In 2012, the Penang government passed the Local Government Elections (Penang Island and Province Wellesley) Enactment 2012 to revive local elections, but the Election Commission refused to act, and the matter went to court.

In Kerajaan Negeri Pulau Pinang & Anor v Kerajaan Malaysia & Anor [2014] 7 CLJ 861, the Federal Court ruled that Parliament was within its powers under Article 76(4) of the Federal Constitution to suspend local elections through Sections 10 and 15 of the Local Government Act 1976.

The Court also held that state enactments inconsistent with federal law would be struck down under Article 75.