Conducting local government elections in Penang by the state administration is tantamount to breaking the law, says Chief Minister Lim Guan Eng.

dap conference 080112 lim guan eng The Local Government Act 1971, he said, clearly states that only the Election Commission (EC) has the authority to conduct local council election.

Lim said this today in response to suggestions made as to how Penang could circumvent the law, such as by allowing civil society groups to elect and nominate people for the state to appoint them into local councils.

"Let's not break the law," he told a press conference in Komtar today. "I do not want to jeorpadise whatever decisions our municipal councillors make. The legality of the councillors can be questioned in court."

Lim said that the state government cannot take these matters lightly and should abide by the provisions of the Act, as advised by constitutional law practitioner Tommy Thomas.

He said the state administration could be put at risk if it independently conduct local council elections, which is one of the 2008 Pakatan Rakyat election promises.

'We practise what we preach'

"We have to practise what we preach and comply with what is stated in the law. We appreciate the suggestions made (by NGOs), but it is better to wait for a court decision," Lim said.

The DAP secretary-general was referring to the recent statement by EC chief Abdul Aziz Mohd Yusof that he was confused by Penang's intention to take the state's call to the EC to conduct local council elections to court.

Lim said he found it "perplexing" that the EC had continued to refuse to conduct local government elections in Penang, despite being the only legal authority empowered to do so.

NONE He said he had written to Aziz ( left ) asking the EC to conduct elections for the Penang and Seberang Jaya municipal councils under Article 113(4) of the Federal Constitution, but the latter had refused.

The EC chief wrote a long letter to him, dated on March 23, 2010, setting out the federal government's position that the local council elections are not possible.

This was because Section 15 of the Local Government Act 1976 (Act 171) had caused local council elections to be of no force and effect, he added.

Lim said the EC and federal government has also side-stepped the crux of the issue - that the Local Government Elections Act was never repealed and was in fact revised in 1991.

According to Section 10 (2) of the Revision of Laws Act 1968, he added, a revised law "shall be deemed to be and shall be without any question whatsoever in all courts and for all purposes

whatsoever the sole and only proper law in respect of matters included in it and in force on that date".

Lim added: "Clearly, the Act authorises the EC to conduct elections for local authorities in Malaysia, and therefore, it is perplexing that the EC chief continues to refuse to do so.

"As the EC is the only sole legal authority empowered to conduct local government elections, the Penang government has no choice but to seek a court declaration to compel the EC to abide by and obey the state directive."