Opposition MPs move notice seeking removal of Chief Election Commissioner Gyanesh Kumar

More than 190 Opposition MPs from Lok Sabha and Rajya Sabha have signed notices seeking the removal of Chief Election Commissioner Gyanesh Kumar, alleging partisan conduct and electoral irregularities. The move marks the first attempt to initiate such proceedings against a CEC.

New Delhi: A total of 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed notices seeking the removal of Chief Election Commissioner Gyanesh Kumar, a source has said.

According to the source, the notice is likely to be submitted in at least one House on Friday, though it was not clear it would be brought first in which House.

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An Opposition leader, meanwhile, said MPs have shown great enthusiasm in signing the notice, and several lawmakers came forward to sign the notice on Thursday as well, even as the requisite numbers had already been achieved.

According to rules, at least 100 MPs must sign a notice seeking the removal of the CEC in the Lok Sabha, and the required strength in the Rajya Sabha is 50.

The notice has been signed by members from all INDIA bloc parties, the source said. MPs from the Aam Aadmi Party (AAP), which is no longer officially part of the bloc, have also signed the notice, another source said.

This is the first time a notice has been given seeking the removal of the CEC.

According to a highly placed source, seven charges are listed against the CEC in the notice, ranging from “partisan and discriminatory conduct in office” to “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement.” Opposition parties have accused the CEC of aiding the ruling BJP on several occasions, especially with the ongoing Special Intensive Revision (SIR), which they have alleged is aimed at helping the party at the Centre.

Concerns have especially been expressed over the conduct of the SIR in West Bengal, with Trinamool Congress (TMC) supremo and Chief Minister Mamata Banerjee accusing the poll panel of deleting genuine voters.

The process for removing the CEC is similar to that for the removal of a Supreme Court or a high court judge, meaning an impeachment can be effected only on the ground of proven misbehaviour or incapacity.

A motion for removal may be introduced in either House of Parliament and must be passed by a special majority — a majority of the total membership of the House and a two-thirds majority of the members present and voting.

According to the law on the appointment of CEC and election commissioners, “CEC shall not be removed from his office except in the like manner and on the like grounds as a judge of the Supreme Court,” and the other election commissioners shall not be removed from office “except on the recommendation of the CEC.” According to the Judges (Inquiry) Act, 1968, if the notices for the motion are given on the same day in both Houses of Parliament, no committee shall be constituted unless the motion has been admitted in both Houses.

After the motion has been admitted in both Houses, a committee shall be constituted jointly by the speaker and the chairman.