Only the court can annul local polls law, says Penang

The federal government cannot arbitrarily declare Penang's Local Government Elections Enactment as null and void without taking the matter to court, Penang local government committee chairperson Chow Kon Yeow says.

Local Government Minister Chor Chee Heung's declaration that the enactment is invalid, even with the advice of the attorney-general, is "wildly beyond his jurisdiction". Chow (left) said in a statement today.

"It is up to the court to decide whether the enactment is constitutional, and Penang is ready to defend the right of her citizens in an independent court of law.

"If Penang's citizens want free and fair elections to decide who represents their interests in local governments, the federal government, much less Chor, have no business in forcing upon us an unreasonable decision that cannot be justified any longer," he said.

Chow said local government elections were supposed to be revived after the Emergency period, and that "there is no logic" today to halt this any longer.

"Just because Chor and his BN colleagues fail to understand the meaning of democracy, it should not mean that Penang has to remain backward and undemocratic in our affairs," he said.

'Penang exempt from Section 15'

He said Section 15 of the Local Government Act 1976, which ceases the effect of all local government elections provisions, does not apply in Penang following a gazette notification.

"This would result in Section 15 not being applicable in Penang and is the first step towards seeking a court declaration to compel the Election Commission to conduct local government elections," Chow added.

Chor (right) told the Dewan Rakyat during Question Time this morning that the Penang enactment was null and void as Section 15 of the Local Government Act 1976 superseded the Local Government Act 1960 and all laws or enactments on local council elections.

In addition, according to Article 75 of the federal constitution, any state law that conflicts with federal law is automatically annulled, Chor said.

Local government elections were part of PKR, DAP and PAS' election promise in the 2008 general election.

The PKR-led Selangor government is expected to table its own local polls law in the July sitting of the state legislative assembly.