Federal Parliament can legislate on local government elections for uniformity, while the State's exemption from such regulations is unconstitutional without national council consultation.

[1] This petition was filed pursuant to art 4(4) of the Federal Constitution for which leave was granted by this court on 27 June 2013.

[2] The 1st petitioner is the Government of the State of Penang (Penang State Government). The 2nd petitioner is a Malaysian citizen who is a resident in the State of Penang.

[3] The 1st respondent is the Government of Malaysia (Federal Government). The 2nd respondent is the Elections Commission which is established under arts 113 and 114 of the Federal Constitution (Elections Commission).

[4] In their petition the petitioners sought the following reliefs:

(i) a declaration that, inter alia, by virtue of arts 74, 76 and 113 of, and the Lists in the Ninth Schedule to the Federal Constitution ("the said provisions"), the State Government (through its State Legislature) has the sole and exclusive jurisdiction (to the exclusion of the Federal Parliament) to enact laws in respect of local government elections in the State of Penang;

(ii) a declaration that ss 10 and 15 of the Local Government Act 1976 , in so far as they purport to prevent the State Legislatures from providing for local government elections within their States, is ultra vires the powers of the Federal Parliament under the Federal Constitution , and accordingly, void;

(iii) a declaration that by virtue of:

(i) the said s 15 exemption;

(ii) the Local Government Elections (Penang Island and Province of Wellesley) Enactment 2012 the Elections Commission is validly authorised and required to conduct local government elections within the State of Penang; and

(iv) a declaration that the Elections Commission takes all immediate steps pursuant to the provisions of the Local Government Elections (Penang Island and Province Wellesley) Enactment 2012 or otherwise to assist in the conduct of local government elections in the State of Penang in accordance with its constitutional obligation.

Facts

[5] At the outset we would like to state here that learned counsel appearing on behalf of the petitioners, Mr Tommy Thomas dedicated a portion of his submissions in highlighting the historical aspect of the local government elections in the State of Penang which is the subject matter of this petition. Since there is no dispute as regard to this, we deem it convenient to set out the same except for some editing.