The Supreme Court has sought responses from Union Minister C P Joshi and the Election Commission on a petition filed by a Rajasthan BJP MLA against an order of the High Court to count tender votes cast in 2008 assembly polls which the Congress leader lost by one vote.
A voter, who finds his vote has already been cast, is allowed to cast a tender vote. Tender votes are cast on ballot papers and are sealed and locked away. They can be opened only on the instructions of a court.
A vacation Bench of Justices Deepak Verma and K S Radhakrishnan asked Joshi and the EC to file affidavits on the petition filed by Kalyan Singh Chauhan who had emerged victorious in the elections.
The Court also restrained the Rajasthan High Court from passing the verdict in the pending election petition filed by Joshi. Joshi, who lost the assembly polls by one vote, had moved the High Court with a plea to count the tender votes. In an interim order, the High Court had directed the Election Commission to consider tender votes cast in Joshi's home constituency of Nathdwara.