The Penang government has filed a petition at the Federal Court in Putrajaya, seeking permission for exclusive jurisdiction to hold local government elections.

NONE Chief Minister Lim Guan Eng (left in photo) was present with senior constitutional lawyer Tommy Thomas (right in photo) when the application was filed today.

The Penang government and retired teacher P Ramakrishnan are the petitioners. They named the federal government and the Election Commission as respondents.

The Penang government is seeking a declaration that Articles 74, 76 and 113 of the federal constitution allow the Penang government, through the state legislature, to hold local government elections in the state.

Article 74 relates to federal and state laws, Article 76 concerns parliamentary powers to extend legislative powers to the state, and Article 113 is regarding the EC's conduct of elections.

The petitioners are also seeking a declaration that Sections 10 and 15 of the Local Government Act 1976 are ultra vires the powers of Parliament within the federal constitution, in preventing the state legislature from holding local government elections.

azlan The petitioners want these sections to be declared void, as well as a declaration that the Penang local government elections can be held with the EC's assistance.

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

The petition states that, due to the confrontation with Indonesia, the federal government had promulgated the Emergency (Suspension of Local Government Elections) Regulations 1965.

This suspended local government elections in all states, leaving the elected councillors in place.

However, no similar suspension of elections to Parliament and the 13 state assemblies were

declared when Malaysia was formed on Sept 16, 1963.

Pledge not kept

The first prime minister, Tunku Abdul Rahman, had stated that local government elections could be held once the confrontation had ended.

The confrontation ended in 1966, but local government elections were not reinstated despite the assurance given.

In 1973, Parliament terminated the tenure of the elected councillors, bypassing the Local Government (Temporary Provisions) Act 1973 which replaced the 1965 Emergency Regulations.

The petition states that Ramakrishnan and other Penang citizens have a right to enjoy their fundamental liberties, in electing leaders of their choice who would not only form governments at the national and state levels, but also leaders of local authorities.

The local councillors have in their custody and control millions of ringgit paid as rates by such residents and thus the local government leaders have to be accountable to the residents, the petition notes.