THE three Sarawak teenagers who tried to get the state elections temporarily halted failed in their attempt after their application for a judicial review was dismissed by the Kuching High Court today.

They had wanted the polls, scheduled for this Saturday, to be halted for the Election Commission to update the electoral roll so that those aged 18 and above could vote.

The dismissal of the judicial review comes a day before 23,043 early voters – comprising military personnel, police personnel and their spouses – cast their ballots in early voting tomorrow.

Judicial commissioner Alexander Siew, in dismissing their application, said their arguments for the granting of leave did not meet the required test for an arguable case.

The trio – Ivan Alexander Ong, 19, Avril Clarice Chin Ning, 18, and Adam Johnson Jeremy Shayne, 19 – were spared from having to fork out more money for legal fees when the court dismissed the application with no order to cost.

Siew, in his ruling, said automatic right to vote does not mean “instantaneous”.

He also said under the election regulations, there are processes to be followed, such as checks by the registrar of electors to verify whether a person is qualified to vote.

The three teenagers had sought a declaration that since they are citizens entitled to vote in any election held after December 15, they want the court to quash the election notice that set the polling date on December 18.

December 15 is the date that Undi18, or the lowering of the voting age to 18 from 21, as well as automatic voter registration, is to take effect after being gazetted.

The trio also sought to quash the electoral roll notice that the roll as of November 2 would be used for the elections.

They sought a mandamus direction or order to compel the Registrar of Electors Sarawak and the Election Commission (EC), the first and second respondents, respectively, “to take urgent and immediate steps to ensure they and any citizens like them be entitled to vote as provided under Article 119 of the Federal Constitution”.

Siew was the same judicial commissioner who on September 3 granted the order brought by five teenagers compelling the prime minister, the federal government and the EC to take all necessary steps for Undi18 and the automatic voter registration to come into operation as soon as possible, by December 31. – December 13. 2021.