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BJD moves Election Commission over second ballot row in Rajya Sabha polls, seeks independent inquiry

It has also sought an early meeting with the Chief Election Commissioner to present its case.
Published By : Debadas Pradhan | April 28, 2026 3:31 PM

Bhubaneswar, April 28: The Biju Janata Dal (BJD) on Tuesday wrote to Chief Election Commissioner Gyanesh Kumar, alleging serious irregularities in the recently concluded Rajya Sabha elections in Odisha.

In a letter sent by party Rajya Sabha MP Dr. Sasmit Patra on the direction of party president Naveen Patnaik, the party stated that second ballot papers were illegally issued to two MLAs, Upasana Mohapatra and Purna Chandra Sethy.

“I write this representation as directed by my Hon'ble Party President Shri Naveen Patnaik ji, seeking urgent and decisive intervention of the Election Commission of India in a matter that raises serious questions regarding adherence to statutory election procedure and the preservation of electoral integrity,” said Patra.

The BJD said this violates the Conduct of Election Rules, 1961, which allow a replacement ballot only under the spoilt ballot procedure and with strict compliance.

The party stated that complaints were filed on the day of polling before the Presiding Officer and Election Commission Observer.

“At the outset, it is respectfully submitted that the issue already stands formally seized of by the Election Commission through an email sent by Hon'ble Shri Naveen Patnaik, President, Biju Janata Dal, from [email protected] to [email protected] (cc: [email protected]) on 18th March 2026 at 1:59 PM, bearing the subject: "Complaint regarding illegal issuance of second ballot paper to Shri Purna Chandra Sethy and Smt. Upasna Mohapatra, MLAs and electors, in violation of the Conduct of Election Rules, 1961 and to reject the vote casted by them on basis of second ballot paper issued to his/her illegally," said Patra.

“The said communication annexed four contemporaneous complaints filed by the candidates and their respective election agents. These complaints are of particular legal significance as they were submitted to the Presiding Officer in the presence of the Election Commission Observer before the close of polling on the very same day, thereby forming an integral part of the electoral record and process, and not a post facto grievance,” he said.

The objections were also recorded through official video and photo documentation.

Despite this, the regional party alleged that no action or response has been received from the Election Commission so far.

The party has now urged the Commission to disclose action taken, order an independent inquiry, and ensure that votes cast using allegedly illegal second ballots are dealt with as per law.

“In these circumstances, it is respectfully but firmly urged that the Election Commission: Disclose the action taken on the email dated 18.03.2026 and the complaints annexed thereto; Initiate 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 issuedsecond ballot papers are dealt with strictly in accordance with law,” Patra wrote.

It has also sought an early meeting with the Chief Election Commissioner to present its case.

“Further, as directed by Hon'ble Party President Shri Naveen Patnaik ji, we 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,” urged Patra.