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2014 MarsdenLR 2147

FEDERAL COURT PUTRAJAYA
GOVERNMENT STATE OF PENANG & ANOR – Appellant
Versus
GOVERNMENT OF MALAYSIA & ANOR – Respondent


Table of Content
1. petition filed under federal constitution (Para 1 , 2 , 3 , 4)
2. historical context of local elections (Para 5)

[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 p

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