I refer to the Malaysiakini report EC can't hold local polls for Penang, S'gor .
Section 15 of the Local Government Act (LGA) 1976 stipulates that ‘local government elections shall cease to have force or effect’. That does not mean that they cannot be held or it is illegal to hold one.
That is my wide literal interpretation of the section. The Election Commission (EC) by announcing that it cannot conduct local government elections, has given it a narrow interpretation.
By doing so, it would appear that the EC is not acting in congruence with the ‘1Malaysia' tagline ‘People First, Performance Now’. The people want to have local government elections. Why must the EC be so restrictive and deny the people their wish?
Is there any law that strictly prohibits the EC from conducting a local government election? Where is the ‘People First’ mentality? The EC should be more accommodative and consider the peoples' desires and aspirations.
If the EC really cares for the people, it should have given a wider interpretation and assist the local authorities to conduct their local government elections.
To my mind, the local authorities can still hold local government elections. However, this will only be an administrative exercise for the people to choose their local councillors. The poll winners cannot claim, as of legal right, to be local councillors.
The local authorities will have to officially appoint them as local councillors. Once appointed, the Section 10 of the LGA would have been complied with.
Now that the EC has publicly abdicated its duties and responsibilities, it paves the way for the local authorities to take up responsibility to conduct the local government elections and I hope the EC or the federal government will not seek judicial redress to stop the local authorities from conducting their local government elections.
To do so, will show their true colours and political motives and will cost them dearly in the next elections. I hope the local authorities in Selangor and Penang are able to successfully pull this off and prove to the people your sincerity and capability in walking your talk.
