Opposition parties have gathered signatures from Members of Parliament to submit a notice seeking the removal of Chief Election Commissioner Gyanesh Kumar, alleging partisan conduct and electoral irregularities. The move, reported by Press Trust of India, marks an escalation in the confrontation between the opposition bloc and the country’s election authorities.
Sources indicated that the notice is likely to be submitted in both the Lok Sabha and the Rajya Sabha within the next few days. According to a senior MP familiar with the development, the process of collecting signatures has been completed and the notices could be formally introduced in Parliament on Thursday or Friday.
Around 120 MPs have signed the notice intended for submission in the Lok Sabha, while nearly 60 MPs have endorsed the notice planned for the Rajya Sabha. Parliamentary rules require at least 100 MPs to sign a motion seeking the removal of the Chief Election Commissioner in the Lok Sabha and at least 50 MPs in the Rajya Sabha for the notice to be considered valid.
The notice reportedly outlines seven charges against Kumar. Among the allegations are claims of “partisan and discriminatory conduct in office,” “deliberate obstruction of investigation of electoral fraud,” and actions that opposition leaders describe as leading to “mass disenfranchisement” of voters.
Sources said that MPs belonging to parties in the opposition INDIA bloc have signed the notice. Members of the Aam Aadmi Party have also added their signatures despite the party no longer being formally part of the alliance.
If the notice is formally submitted, it would be the first instance in India’s parliamentary history where a motion has been moved seeking the removal of a Chief Election Commissioner.
Opposition parties have repeatedly accused the Chief Election Commissioner of favouring the ruling Bharatiya Janata Party. These accusations have intensified during the ongoing Special Intensive Revision of electoral rolls, which critics claim could benefit the ruling party at the national level.
The issue has also sparked controversy in West Bengal, where Chief Minister Mamata Banerjee, leader of the All India Trinamool Congress, has alleged that genuine voters are being removed from electoral rolls during the revision process.
The legal procedure for removing the Chief Election Commissioner is similar to that for removing a judge of the Supreme Court or High Court. Under the law, removal is permitted only on the grounds of proven misbehaviour or incapacity.
A motion for removal can be introduced in either House of Parliament but must be passed by a special majority. This requires a majority of the total membership of the House and a two-thirds majority of members present and voting.
The law governing the appointment of the Chief Election Commissioner and Election Commissioners also specifies that the CEC cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court of India. It further states that other election commissioners can be removed only on the recommendation of the CEC.
Under the provisions of the Judges (Inquiry) Act, 1968, if notices for such a motion are submitted on the same day in both Houses of Parliament, a committee will not be formed unless the motion is admitted in both Houses. Once the motion is admitted, a joint committee will be constituted by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha to examine the allegations.
