
Biju Janata Dal MP Sasmit Patra on Tuesday wrote to Chief Election Commissioner Gyanesh Kumar over the alleged illegal issuance of second ballot papers to MLAs Upasana Mohapatra and Purna Chandra Sethy during the Rajya Sabha Election, 2026. This follow-up letter demands immediate statutory action and appointment for BJD delegation to meet CEC and Election Commission of India in this reference.
In the letter, BJD MP Sasmit Patra stressed that this is a long-standing complaint rather than a recent development, referring to an initial email complaint sent by BJD President Naveen Patnaik to the CEC on March 18th. The mail described the issuance of second ballot papers as a direct violation of the Conduct of Election Rules, 1961, which only allows for replacement ballots under strict "spoilt ballot" procedures.
"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," the letter noted.
He added that formal complaints were also submitted to the Presiding Officer in the presence of the Election Commission Observer before the polling was closed.
Patra further noted that he personally raised these legal concerns in his capacity as a counting agent for candidate Dr. Santrupt Misra before the counting process began. "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," the letter read.
He emphasised that in the limited electoral college of a Rajya Sabha election, such procedural deviations are not merely technical errors but are "outcome-altering" and strike at the root of electoral sanctity.
Expresses frustration over "institutional failure," noting that despite videographed evidence and prior complaints, no "action taken report" has been provided, Patra urged the Election Commission to provide a transparent account of actions taken regarding previous complaints and to launch a time-bound, independent inquiry.
He called for the immediate securing of all statutory records, including video recordings and ballot paper accounts, to ensure that any votes cast on illegally issued papers are dealt with according to the law.
Patra further requested an urgent appointment for a BJD delegation to meet with the Commission to discuss the matter further. "This representation is not merely an assertion of grievance, but a call for enforcement of the rule of law in the electoral process. The credibility of elections resides not only on their conduct but equally on the willingness of constitutional authorities to address demonstrated illegality with firmness and transparency. We trust that the Election Commission will act with the urgency, independence, and constitutional fidelity that the situation demands," the letter concluded.
This comes after biennial Rajya Sabha elections were held to fill 37 seats across 10 states in March. Out of the 37 seats, 26 candidates were elected unopposed. (ANI)
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