BHUBANESWAR: The BJD on Monday urged the Election Commission of India (ECI) to reject the votes of two BJP MLAs Upasana Mohapatra and Purna Chandra Sethy, who were issued second ballot papers during the March 16 Rajya Sabha election.
The party demanded that its second candidate Datteswar Hota be declared elected.
A five-member BJD delegation met chief electoral officer (CEO) RS Gopalan and submitted a memorandum alleging violation of Rule 41 of the Conduct of Election Rules, 1961, in the issuance of second ballot papers to the two legislators. The party demanded an independent and transparent inquiry into the incident.
The BJD contended that if the two “illegal” votes cast by the BJP MLAs were rejected, Independent candidate Dillip Ray would secure fewer first-preference votes than Hota and the latter should be declared winner by the ECI.
The memorandum stated that the issuance of second ballot papers to the BJP MLAs and the subsequent developments could be verified through documentary, electronic, photographic, audio and video evidence available as part of the election records. The party sought preservation and examination of all records, including observer reports on the issue. It further demanded legal action in accordance with the law.
The party said the issue concerns not political interpretation but also institutional examination of statutory compliance within a constitutionally-regulated election process.
“The ECI and CEO occupy constitutional position of extraordinary trust. But silence in the face of a documented statutory violation has consequences extending beyond the present election,” it said.
It risks creating a precedent whereby the carefully constructed safeguards governing ballot issuance in indirect elections may gradually lose their mandatory character and become vulnerable to discretionary dilution, the party alleged.