New Delhi: 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, 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.