Bhubaneswar: The Biju Janata Dal (BJD) Tuesday demanded immediate statutory action on the issuance of second ballot paper to two BJP MLAs during the Rajya Sabha polls March 16 and sought an appointment with Chief Election Commissioner Gyanesh Kumar in this matter.
As per the direction of BJD president and former chief minister Naveen Patnaik, party MP Sasmit Patra wrote a letter to the CEC and mentioned that though the regional party had raised objection on the spot on the issuance of second ballot paper to BJP MLAs – Upasana Mohapatra and Purna Chandra Sethy – during the Rajya Sabha Election, 2026, no action has been taken by the EC so far.
“Despite prior complaints submitted during polling and escalation by the party president, no response, clarification, or action taken report has been communicated till date,” the letter said.
The regional outfit stated that the matter raises serious questions regarding adherence to statutory election procedure and the preservation of electoral integrity. Patra also mentioned that the issue had already been formally seized of by the ECI through an email sent by Patnaik as the BJD president on March 18, 2026.
The party said that Patnaik’s e-mail also alleged violation of the Conduct of Election Rules, 1961 and demanded to reject the vote cast by the two BJP MLAs on the basis of second ballot paper issued to his/her illegally.
The regional party said that the issuance of a second ballot paper, after the first ballot had already been marked, is contrary to the Conduct of Election Rules, 1961, which permit issuance of a replacement ballot only upon strict compliance with the “spoilt ballot” procedure.
“The deviation from the prescribed statutory procedure is not merely technical but goes to the root of the election, as it directly impacts ballot accounting, voter intent, and the sanctity of the vote,” the BJD said.
Noting that in a Rajya Sabha election, where the electoral college is limited, and each ballot carries determinative value, the BJD said such illegality has a material and outcome-altering effect.
The party demanded initiation of a time-bound, independent and transparent inquiry into the illegal issuance of second ballot papers; secure, examine and preserve all relevant statutory records, including ballot paper accounts, video recordings, and observer reports and exercise its constitutional and statutory mandate to ensure that votes cast on illegally issued second ballot papers are dealt with strictly in accordance with law.
“We also request that a specific date and time be fixed at the earliest for a delegation of the Biju Janata Dal to meet you and present this matter comprehensively. This representation is not merely an assertion of grievance, but a call for enforcement of the rule of law in the electoral process,” the letter said.
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