The Penang government's two-week ultimatum to the federal government to agree to local government elections being conducted in the state has ended.

The state government will go ahead and file a suit in the Federal Court on Monday for a ruling on whether it can carry out local government elections in Penang, state executive councillor Chow Kon Yeow said today.

NONE "The petitioners will ask the court to allow the state legislature to enact laws to carry out local government elections in Penang Island and in Province Wellesley," Chow ( right ) told a press conference.

"We want to get a declaration from the court, under Articles 74, 76 and 113 and Legislative List of the Ninth Schedule of the federal constitution, on the state's sole and exclusive jurisdiction to enact laws on local elections in Penang," he added.

The petitioners will be the state government and former Aliran president P Ramakrishnan, while the respondents are to be the federal government and the Election Commission (EC).

Chow said the state in the suit wants the court to rule Section 10 and Section 15 of the Local Government Act 1976 as ultra vires the federal constitution.

Section 10 relates to the appointment of local councillors by the state authority while Section 15 states that all provisions for local government elections shall cease to have effect.

The Penang government enacted the Local Government Elections (Penang Island and Province Wellesley 2012) Enactment on May 9 last year and it was gazetted to take effect from July 5 last year.

"We want the EC to take all steps to assist in conducting the local elections under our 2012 enactment," Chow said.

"Since the state legislative assembly passed the law, the EC is validly authorised to carry out local government elections in Penang," he said.

"However, Local Government Minister Chor Chee Heung has maintained that the Penang enactment is unconstitutional ," Chow added.

Chief Minister Lim Guan Eng and Ramakrishnan were also present at the press conference.