Sabah maverick politician Dr Jeffrey Kitingan, an independent who lost by a margin of 395 votes, will file an election petition this weekend to declare the election result null and void.

Kitingan was defeated by his arch rival Parti Bersatu Rakyat Sabah (PBRS) chairperson Joseph Kurup for the Sook state seat in Sunday's general election.

"We're gathering all the evidence on vote buying and election irregularities plus also complaints against Election Commission staff," said former Sabah chief minister Joseph Pairin Kitingan's controversial brother, who headed the Barisan Independents Front (BIF), in a telephone interview with malaysiakini from his home in Kota Kinabalu.

The new Sook seat was won by Kurup who polled 3,973 votes against Dr Jeffrey's 3,578 votes in a three-cornered fight. Yapilin Nawawi, another independent, polled only 252 votes.

Jeffrey - who lost a bitter PBRS leadership struggle to Kurup - claimed that 3,379 voters, mostly from rural areas, were for various reasons unable to vote.

He cited the sabotage of transportation and the use of money politics as among these reasons.

No time

Jeffrey also claimed that many illiterate voters, who had indicated verbally their choice of candidate or party to EC officials were not correctly instructed where to make their 'X' mark on the ballot papers.

"Because of these and other reasons we will be asking for a fresh election," said Kitingan.

On the dismal performance of BIF candidates, he attributed it to the lack of resources and a limited time factor.

He conceded that the group was hastily assembled only on nomination day - eight days before the March 21 elections - and there was little time for them to cover all their constituencies during the short campaigning period.