GOVERNMENT SHOULD AMEND LAWS TO ASSIST PAKATAN STATES TO HOLD LOCAL GOVERNMENT ELECTION

It was announced today that the Selangor Pakatan Rakyat state government would follow the move by Penang state government to consider holding local government elections. However, there is yet to be any announcement by the PAS-led Kedah and Kelantan state government on their decision to hold the local government election.

At present, Section 15 of the Local Government Act 1976 provides that “all provisions relating to local government elections shall cease to have force or effect.”

Due to the said provision, many had interpreted the suspension of the Local Government Elections Act 1960 (revised 1991) which prescribes the manner local government elections to be held.

Previously, Section 5A of the Local Government Elections Act 1960 provides that:

1. the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Local Council having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Local Council shall be elected under this Act.

2. an order under this section may prescribe the number of Councillors to be elected and the number (if any) to be appointed. The order can also provide for a Chairman and Deputy Chairman of the Council and prescribe the manner in which they shall be appointed or elected.

A similar provision in Section 5 of the 1960 Act applies to Town and Rural Boards.

In view of the existing law, I would like to propose to the federal government and the Election Commission to consider making amendments to Section 15 of the Local Government Act 1976 whereby “a state authority may opt to hold local government elections and all provisions under law relating to the local government elections shall then apply to such state”.