....answer is simple, he and Penske cheated.

INDYCAR: Texas Winners Team Penske Fined, Lose Points

The precedent is clear in IndyCar now. Run an illegal car and all that will happen is you receive a token fine. Race position and points will still be yours. Why should I care about integrity of the individual races and the of the championship when IndyCar clearly doesn't? I don't pay very close attention to IndyCar anymore and whatever pull I have left in me to pay any attention to their joke of a series may have just left the building.