A day before the counting of votes, Rashtriya Janata Dal (RJD) Rajya Sabha member Sanjay Yadav on Monday (October 26, 2026) wrote to the Chief Election Commissioner (CEC) of the Election Commission of India (ECI) to ensure free, fair and transparent counting of votes for eight seats in the Bihar Legislative Council polls comprising four Graduates’ and four Teachers’ constituencies.
In the four-page letter, Mr. Yadav urged that all ballot papers whose validity or invalidity is disputed should be examined and decided, in accordance with the applicable election rules, before first-preference counting begins. He added that no doubtful ballot paper should be left undecided until a subsequent round or the final result.
He further wrote that reasons for decisions should be recorded, and authorised election agents should be given an opportunity to raise objections as permitted by the rules.
He also said that no counting officer, staff member or election agent should make any additional mark, signature, line, tick, cross or other notation on a ballot paper, except where expressly permitted by the applicable election rules, adding that the original condition and integrity of every ballot paper must be preserved.
Ban on violet pens used for voting
In the letter, Mr. Yadav wrote that pens of the same type as the violet pens used for marking preferences on ballot papers during polling must not, under any circumstances, be available to or possessed by any counting officer, counting staff member or election agent at the counting centre.
“This safeguard is necessary to prevent unauthorised marking or tampering with ballot papers. In the Chandigarh Mayoral Election case of 2024, the Supreme Court examined the issue of unauthorised markings on ballot papers and the process by which votes were declared invalid. Appropriate safeguards must therefore be implemented to preserve the original condition of ballot papers and prevent unauthorised interference during counting,”Mr. Yadav wrote.
The RJD leader pointed out that all counting officials should follow the applicable election rules and prescribed standards uniformly when determining whether ballot papers are valid or invalid, adding that no ballot paper should be rejected arbitrarily or merely on the basis of personal opinion or vague suspicion.
In the letter. Mr Yadav highlighted that voter eligibility and ballot-paper validity are separate matters; where a legally recognised objection or order of a competent authority exists concerning a voter’s eligibility, the relevant records and prescribed legal procedure should be followed. He added that no ballot paper should be rejected solely on the basis of an unverified allegation.
Videography and preservation of records
He also demanded that videography and monitoring be ensured, as permitted by the applicable rules, particularly during scrutiny of doubtful ballot papers, decisions on valid and invalid ballots, and preparation of counting sheets. Mr. Yadav said that all relevant records should be securely preserved for subsequent examination, if required.
Every authorised election agent should be given a reasonable opportunity, in accordance with the applicable rules, to observe the counting process and raise objections regarding doubtful ballot papers or counting irregularities. Objections and decisions should be duly recorded, Mr. Yadav demanded
The number of valid and invalid ballot papers, the relevant stages of counting, including first-preference counting, and the counting sheets should be reconciled and verified in accordance with the applicable rules. Any discrepancy should be resolved through the prescribed procedure before the result is declared.
He also mentioned that all officials and counting staff should be directed to maintain impartiality, transparency and strict compliance with election rules. Mr. Yadav further wrote that any complaint regarding unauthorised interference or counting irregularities should be investigated fairly, and appropriate action should be taken in accordance with the law.
A copy of the letter is also sent to Vinod Singh Gunjiyal, Bihar Chief Electoral Officer (CEO), as the counting of the votes will begin at 8 a.m. on October 27 at eight counting centres.
Later in the day, a six-member RJD delegation also submitted a memorandum to the Bihar CEO with similar demands. The results of Kosi, Tirhut, Patna, Darbhanga (graduate constituencies) and Saran, Tirhut, Patna, Darbhanga (Teachers’ constituencies) will be declared. Polling for eight MLC seats in Bihar was held on October 23, 2026.