The Penang government is currently preparing to take legal action to compel the federal government to restore local government elections to the Penang Municipal Council (MPPP) and Seberang Perai Municipal Council (MPSP).

Penang Chief Minister Lim Guan Eng said the state will be seeking a court declaration that Section 15 of the Local Government Act 1976, a law enacted in 1964 to suspend local government elections, “invalid and inoperative” in Penang.

A second declaration being sought to reaffirm the Penang legislative assembly's 2012 enactment to compel the Election Commission (EC) to conduct local government elections in Penang.

At a press conference today, Lim said that restoring the “third vote” has been one of his administration's fundamental demands since 2008.

"The state government takes the position that local government elections are a state matter under the Ninth Schedule of the Federal Constitution, and that the State Legislature has jurisdiction to provide for the holding of local elections under the Ninth Schedule and Article 113(4) of the Federal Constitution," he added.

In May 2012, the Penang State Legislative Assembly passed the Local Government Elections (Penang Island and Province Wellesley) Enactment 2012, which provides for the Election Commission to conduct local government elections in Penang.

Lim said the state government has informed the Election Commission that the Enactment would come into force in Penang by Jan 31 this year.

However, Lim added that the state government has failed to obtain any commitment from the Election Commission to conduct the elections of the MPPP and MPSP in accordance with the enactment.

"In line with its commitment to restore the third vote, we instructed our lawyers to look into the matter," Lim said, adding that court papers will be filed in two weeks.

 He added the state would be joined in this suit by P Ramakrishnan, a Malaysian citizen, a registered voter that has voted in both state and federal elections since 1964 and a former president of Aliran.

"The state government has instructed that necessary application be filed within the next two weeks," said Lim.

Ramakrishnan said that Penangites wanted the 'third' vote to be restored as "it was incongrous that we can elect our federal and state leaders but don't have same right to elect local leaders".

He said this was an absurd situation that was not acceptable to Penangite's conscience.

"There is no valid reason to prohibit local elections. The annual budget of councils are far greater than the state. Rate payers who contribute huge sums have right to hold councillors accountable," he said.

"Councillors should be accountable to rate payers and not beholden to their patrons. In a participatory democracy, they will be more accountable and conscious.

"If they don't measure up they will get the boot. Therefore they will perform well and be prudent in monetary terms."