Candidates and their agents are allowed to see a copy of the marked electoral register on which polling station officials score out voters as they register to vote, however after repeated requests for the document by the SNP since November, it was fi
nally admitted on Friday that the records were missing.
Although the marked electoral register has disappeared, the Scottish Courts Service confirmed the voting papers are still available.
Under current regulations, certain papers including voting papers and a copy of the marked electoral register are to be kept by the sheriff clerk for that electoral area for a year after an election.
And now, Glenrothes MSP Tricia Marwick is calling for an independent inquiry into how the register - which is the only record of who voted - has disappeared.
She said: "The marked registers are an essential element of any election campaign.
"They allow a check of who voted, but not how they voted, to confirm that the election was conducted properly.
"Without these records there is no evidence of either a fair or unfair election and that undermines the confidence of everyone who took part.
"It is almost beyond belief that a by-election which attracted media coverage throughout the UK, which delivered a surprise result and had a much higher turnout than anticipated now has no records to show who actually voted.
"It seems that the registers must have gone misisng almost immediately after they were delivered to the Sheriff Clerk's office because John Beare first asked for copies on November 19."
Labour MP Lindsay Roy who won the Glenrothes seat in the by-election, has told the Gazette: "Quite obviously an inquiry into how this has gone missing needs to be carried out by the court service. The register should be freely accessible."
A Scottish Court Service spokesman said: "We have been unable to locate the marked register requested within Kirkcaldy Sheriff Court. The voting papers for this election, which were deposited at the same time, are available."
