Bhubaneswar: The Biju Janata Dal (BJD) has urged the Election Commission of India (ECI) to intervene in the controversy surrounding the 2026 Rajya Sabha elections in Odisha, citing what it describes as serious procedural violations involving the issuance of second ballot papers to two legislators.
In a letter addressed to Chief Election Commissioner Gyanesh Kumar, BJD Rajya Sabha member Sasmit Patra, on the direction of party president Naveen Patnaik, alleged that duplicate ballots were illegally provided to BJP MLAs Upasana Mohapatra (Brahmagiri) and Purna Chandra Sethy (Khalikote) during the polling held on March 16, 2026. The party claims this action breached the Conduct of Election Rules, 1961, which strictly regulate the issuance of replacement ballots, typically only for spoiled papers and under documented procedures.
“The issuance of a second ballot paper, after the first ballot had already been marked, is ex facie 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. In a Rajya Sabha election, whe
re the electoral college is limited and each ballot carries determinative value, such illegality has a material and outcome-altering effect,” Patra noted.
According to the BJD, immediate objections were raised on the polling day before the Presiding Officer and the Election Commission Observer. The party further stated its concerns were supported by official video recordings and photographic evidence. “I was present as the counting agent for Santrupt Misra, and prior to commencement of counting, I had once again placed the complete factual and legal position before the Presiding Officer and the Observer. A detailed written submission was formally tendered,” he wrote.
Despite this, the BJD alleged that no action or response has been received from the Election Commission so far. “This continued inaction, despite contemporaneous objections, documentary evidence, and formal escalation, raises serious concerns not only of procedural irregularity but also of institutional failure to address a manifest illegality within the electoral process,” the MP said.
The party has urged the Commission to disclose action taken, order an independent inquiry, and ensure that votes cast using allegedly illegal second ballots are dealt with in accordance with law. It has also sought an early meeting with the Chief Election Commissioner to present its case.
The incident had caused a brief halt in voting for around 30 minutes when BJD’s polling agent objected to the second ballot issued to Upasana Mohapatra after an alleged overwriting on her first ballot. Naveen Patnaik, Leader of Opposition in the Odisha Assembly, had publicly criticised the move at the time, calling it a violation of democratic norms and election rules.