Sabah polls: Election petition filed after video shows alleged ballot misconduct in Sindumin

KOTA KINABALU (Dec 26): An election petition was filed today at the Kota Kinabalu Court Complex, seeking to annul the Sindumin state constituency result in the 17th Sabah State Election.

The petition was submitted through lawyers Ag Amli Noraufe Ag Nohin and Norlaily Anuar.

The petitioner, 34-year-old Wendey Agong Baruh, named the Returning Officer for the Sindumin state constituency, Abdul Karim A.M. Zahari, as the first respondent; the Election Commission as the second respondent; and Warisan’s candidate, Yusri Pungut, as the third respondent.

In the petition, Wendey stated that he was a registered voter in the Sindumin constituency during the election on Nov 29, 2025, and was entitled to present the petition under Section 34 of the Election Offences Act 1954.

He alleged that the election of the third respondent was void on the grounds of non-compliance with election laws, citing Section 32(b) of the Election Offences Act 1954, and that such non-compliance affected the result of the election.

Wendey claimed he received a video shared by one Junaidah Makku on Dec 23, 2025, showing an Election Commission officer wearing a fluorescent yellow-green vest marked “PETUGAS” (Staff) allegedly crumpling a ballot paper during the counting process.

The paper was reportedly hidden between the ballot box and the white box labelled “UNDI BELUM DI KIRA” (Votes not yet counted).

Wendey identified the paper as a ballot due to its distinctive orange colour.

He said Junaidah informed him she had received the video from Ricky Cheong, who claimed the incident occurred shortly after 6pm on Nov 29, 2025, at Saluran 3, SK Melalia, during the counting of ballot papers.

Wendey believes the “Petugas” was an Election Commission officer assigned under the Returning Officer.

While the exact role of the officer during counting is unclear, Wendey contended that the attire indicated he was an official.

He argued that crumpling ballot papers, whether valid or rejected, constitutes an offence under Section 3(1)(c) of the Election Offences Act 1954. Such actions, he claimed, could affect the vote tally for all candidates.

As a result, he sought a declaration that the election for Sindumin constituency on Nov 29, 2025, be annulled; that the third respondent was not duly elected or should not have been returned; costs; and any other relief the Court deems fit.

Yusri won the Sindumin seat with 5,086 votes, defeating Pakatan Harapan’s Yamani Hafez Musa, who secured 4,724 votes, a margin of 362 votes.

Other candidates who contested were Markus Buas (PIS), Abdillah Jalaf @ Dila (Independent), Ibrahim Tuah (Independent), Wilson Liou (Independent), Kanafia Bujang (PKS), Moktar Matussin (STARSabah), Dayang Syafiqah (PN), and Sani Miasin (KDM).