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CASE(S) OF THE WEEK

LOCAL GOVERNMENT: State government - Petition - Petition for declaratory orders - Enactment of laws in respect of local government elections - Whether residents of local authorities denied right to vote for municipal leaders at local government level - Enactment of ss. 10 and 15 of Local Government Act 1976 - Whether for purpose of uniformity of law and policy - Whether Federal Parliament did so under powers vested upon it under art. 76(4) of Federal Constitution - Whether constitutional and valid - State Government exempted application of s. 15 of Local Government Act 1976 - Whether exemption order in violation of art. 95A(6) & (7) of Federal Constitution - State Government tabled bill gazetted as Local Government Elections (Penang Island and Province Wellesley) Enactment 2012 - Whether ultra vires art. 75 of Federal Constitution

LOCAL GOVERNMENT: Conflict between federal and state laws - Laws in respect of local government elections - Enactment of ss. 10 and 15 of Local Government Act 1976 - Whether for purpose of uniformity of law and policy - Whether Federal Parliament did so under powers vested upon it under art. 76(4) of Federal Constitution - Whether constitutional and valid - State government exempted application of s. 15 of Local Government Act 1976 - Whether exemption order in violation of art. 95A(6) & (7) of Federal Constitution - State Government tabled bill gazetted as Local Government Elections (Penang Island and Province Wellesley) Enactment 2012 - Whether ultra vires art. 75 of Federal Constitution

WORDS & PHRASES: 'Local government' - Federal Constitution, art. 76(4) - Expression of - Whether covers local government elections - Whether Federal Parliament could legislate laws for purpose of ensuring uniformity of law and policy


GOVERNMENT STATE OF PENANG & ANOR v. GOVERNMENT OF MALAYSIA & ANOR
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, SURIYADI HALIM OMAR FCJ, AHMAD MAAROP FCJ, MOHAMED APANDI ALI FCJ, RAMLY ALI FCJ
[ORIGINATING PETITION NO: BKA2-03-2013(P)]
14 AUGUST 2014




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