Sabah’s Election Court strikes out petition against Kunak assemblyman Anil Sandhu’s victory, citing procedural defects and orders RM30,000 in costs
KOTA KINABALU: The Election Court here today affirmed the victory of Datuk Seri Dr Anil Sandhu as Kunak Assemblyman in the 17th Sabah State Election.
Judge Amelati Parnell delivered the decision when striking out the petition following preliminary objections by the respondents.
The court held that the election petition, filed by Md. Bustan @ Industan Lumantang, failed to comply with mandatory requirements under the Election Petition Rules 1954.
Amelati said compliance with these provisions is a fundamental requirement to invoke the court’s jurisdiction.
She ruled that the failure to properly present the petition and to plead sufficient material facts rendered it procedurally defective and legally unsustainable.
The petition was therefore struck out at the preliminary stage without proceeding to a full trial.
Md. Bustan had alleged non-compliance with election laws regarding the discovery of several ballot papers with the same serial number at a voting channel.
He claimed the matter raised doubts about the integrity of the voting process in Kunak.
The court ordered the petitioner to pay costs of RM10,000 to the Election Commission and related officers.
An additional RM20,000 in costs was ordered to be paid to Anil Sandhu himself.
With the striking out of the petition, the result of the election for the Kunak state seat remains as previously gazetted.
Anil, when met by reporters, expressed his gratitude for the court’s decision.
He stated that he can now focus fully on his responsibility to continue serving the people of Kunak without any doubt over the mandate given by the voters.
In the 17th Sabah State Election, Anil won a six-cornered fight with a majority of 2,118 votes.
He defeated incumbent Datuk Norazlinah Arif from Gabungan Rakyat Sabah, as well as candidates from Perikatan Nasional, PIS, PPRS and Warisan.