The Election Court in Kota Kinabalu struck out a petition challenging the Kunak state seat result, upholding Barisan Nasional’s Dr Anil Sandhu’s victory.
KOTA KINABALU: The Election Court here today upheld the victory of Datuk Seri Dr Anil Sandhu as the Kunak Assemblyman following the 17th Sabah State Election.
Judge Amelati Parnell delivered the decision after striking out the election petition on preliminary objections raised by the respondents.
The court ruled that the petition, filed by Md. Bustan @ Industan Lumantang, failed to meet mandatory requirements under Rules 3(1) and 3(2) of the Election Petition Rules 1954.
Amelati stated that compliance with these provisions was a fundamental requirement to invoke the court’s jurisdiction.
She found the petition was procedurally defective and legally unsustainable due to a failure to properly present it and plead sufficient material facts.
This defect meant the petition could be struck out at a preliminary stage without proceeding to a full trial.
Md. Bustan had alleged non-compliance with election laws over the discovery of several ballot papers with the same serial number at a voting channel.
He claimed this raised doubts about the integrity of the Kunak voting process.
The court ordered the petitioner to pay costs of RM10,000 to the Election Commission, the Sabah State Election Officer and the Returning Officer.
An additional RM20,000 in costs was awarded to Anil Sandhu himself.
With the petition struck out, the originally gazetted result for the Kunak state seat stands confirmed.
Anil, when met by reporters, expressed gratitude for the court’s decision.
He stated he could now focus fully on his responsibility to serve the people of Kunak without any doubt over the voters’ mandate.
In the November election, Anil won a six-cornered fight with a majority of 2,118 votes.
He defeated incumbent Datuk Norazlinah Arif from Gabungan Rakyat Sabah and four other candidates.
