Kota Kinabalu: The Election Court on Monday dismissed an election petition filed by GRS candidate for Bengkoka, Samuil Mopun, over the outcome of the State Legislative Assembly election for the Bengkoka seat, last year.
Election Judge Datuk Dean Wayne Daly allowed preliminary objections raised by the respondents in reaching the decision.
The court found that the petition failed to comply with mandatory requirements under the Election Petitions Rules 1954, including Rules 3(1) and 3(2), Rule 4(1), Rule 9 and Rule 15, which are fundamental to invoking the court’s jurisdiction.
As a result, the petition was struck out without proceeding to a full trial and the court ordered costs to be paid to the respondents.
With the ruling, Datuk Harun Durabi of Barisan Nasional remains the State Assemblyman for Bengkoka as gazetted.
Harun was represented by counsels Mohd Reduan Aklee, Hassan Murtaza, Mohd Syarulnizam Mohd Salleh, Mortimer Maluda and Wong Chik Kien, while the second and third respondents were represented by State Counsel Ahmad Hanir Hambaly @ Alwi and Raja Shahril Anuar Raja Baniamin from the Attorney-General’s Chambers.
The petition, filed by Samuil who was represented by counsels Jaikol Situn and Rijolin Molisin, was the first to be decided in relation to the Sabah State Election which was held on Nov 29, 2025.
Harun obtained 2,485 votes, defeating 10 others with a 77-vote majority. Samuil obtained 2,408 votes.
