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According to Election Commission instructions, tender votes are not counted during the counting process. They are simply sealed and not included in the general vote count. Tender votes are an important part of the election process, but they are only opened if the court orders so in special circumstances.
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Patna: Before the results of the Bihar Assembly elections are announced, the political atmosphere across the state is extremely heated. Counting has begun, and everyone wants to know who will win power. Meanwhile, a crucial question is being discussed: some votes will not be counted. What are these votes and why? Let's understand.
Which votes are not counted?
According to Election Commission instructions, tender votes are not counted during the counting process. They are simply sealed and not included in the general vote count. Tender votes are an important part of the election process, but they are only opened if the court orders so in special circumstances.
What are tender votes?
Tender votes are for voters whose name has already been cast by someone else, either by mistake or fraud. When a genuine voter arrives at the polling station and discovers that a vote has already been cast in their name, they inform the presiding officer.
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Under Section 49P of the Conduct of Elections Rules, 1961, upon identity verification, such a voter is issued a special ballot paper. A vote cast on this ballot is called a tender vote. It is placed in a separate sealed envelope to distinguish it from regular votes. The unique feature of these votes is that they do not enter the Electronic Voting Machine (EVM) and are therefore not part of the general counting process. They are merely protected under security.
When are tender votes counted?
Under normal circumstances, they are not counted at all. However, if the margin of victory or defeat in a constituency is extremely narrow and a court suspects that tender votes could influence the outcome, they may be opened and counted upon judicial order.
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A similar notable incident occurred in the 2008 Rajasthan Assembly elections. The difference between Congress's C.P. Joshi and BJP's Kalyan Singh Chauhan was just one vote. Tender votes were counted on court orders. Had the court not intervened, these votes would have remained sealed. Section 56 of the Conduct of Elections Rules, 1961, also clearly states that tender votes are not part of the regular count.
Does a re-poll occur if 14% tender votes are cast?
The claim often circulates on social media that if 14% or more tender votes are cast in a particular constituency, a re-poll is held. However, the Election Commission has clarified that this is completely false and misleading. Under no circumstances does the percentage of tender votes constitute a basis for a re-poll.
