Judge Ahmad Kamal Md Shahid today said their application for a judicial review is neither frivolous nor vexatious.
“I agree with them in saying the amendments to the relevant election laws and by-laws should not stand in the way of the amendments (enabling those reaching 18 to vote and automatic voter registration) coming into force,” he said.
Kamal also said the court ought to allow Prime Minister Muhyiddin Yassin and the Election Commission (EC) to explain through their affidavits why they have to delay the enforcement to September 2022.
“By not enforcing the constitutional amendments by July, it has affected the 18 applicants in this case as they cannot vote in any elections that might be called later,” he said.
The court made no order on costs and fixed July 1 for further mention.
The 18 individuals, aged between 18 and 20, are seeking to quash the Perikatan Nasional government’s decision not to implement the Undi18 amendments by July.
They claim the decision to delay enforcement is unreasonable as it denies them their right to be voters by July.
They also said the government should not take the stand to enforce the Undi18 amendments along with automatic voter registration.
“The Undi18 amendments can be enforced first while the automatic voter registration can wait,” they said.
The government, in contesting their bid for judicial review, argued that the case should be dismissed as it is premature and against the spirit of the constitutional amendments.
It pointed out that former prime minister Dr Mahathir Mohamad had told the Dewan Rakyat during the tabling of constitution amendments that several election laws and regulations need to be amended first before Undi18 and automatic voter registration can be enforced.
“The enforcement and implementation of the constitutional amendments (Undi18 and automatic voter registration) cannot be done in isolation and has to be done together,” it said.
The EC said earlier this year that Undi18 and automatic voter registration can only be implemented by September 2022.
The young adults were represented by lawyers Gurdial Singh Nijar and Ambiga Sreenevasan, while senior federal counsel Shamsul Bolhassan, Azizan Md Arshad and Raja Shahril Anuar Raja Baniamin appeared for Muhyiddin and the government.