KOTA KINABALU: – : The Election Court here on Thursday (March 5) affirmed the victory of Datuk Seri Dr Anil Sandhu as Kunak Assemblyman in the 17th Sabah State Election held in November last year.
The decision was delivered by judge Amelati Parnell when striking out the petition following preliminary objections by the respondents.
The court held that the election petition, filed by Md Bustan @ Industan Lumantang to nullify the victory of the Barisan Nasional (BN) candidate, failed to comply with the mandatory requirements under Rules 3(1) and 3(2) of the Election Petition Rules 1954.
Amelati, in her ruling, said the court agreed that compliance with these provisions is a fundamental requirement to invoke the jurisdiction of the Election Court.
She said the failure to properly present the petition and to plead sufficient material facts rendered the petition procedurally defective and legally unsustainable, and therefore liable to be struck out at the preliminary stage without the need to proceed to a full trial.
Md Bustan filed the election petition alleging non-compliance with election laws regarding the discovery of several ballot papers, purportedly with the same serial number, at one of the voting channels in Kunak, further claiming that the matter raised doubts about the integrity of the 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, and RM20,000 to Anil.
With the striking out of the petition, the result of the election for the Kunak state seat remains as previously gazetted.
Meanwhile, Anil, when met by reporters, expressed his gratitude for the court’s decision and 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, defeating incumbent Datuk Norazlinah Arif from Gabungan Rakyat Sabah, as well as candidates Kasman Karate (Perikatan Nasional), Roselih Lumayan (PIS), Ismu Isyam Arsad (PPRS) and Datuk Jasa @ Ismail Rauddah (Warisan).
