CEC Can Only Be Removed By Parliament Like SC, HC Judges

The opposition has accused Gyanesh Kumar, CEC of siding with the ruling BJP.

This will be the first time that a notice will be submitted to remove a CEC.

New Delhi: Opposition parties are preparing to submit notices in Parliament seeking the removal of Chief Election Commissioner Gyanesh Kumar, alleging “partisan and discriminatory conduct in office,” sources said.

The notices are likely to be submitted in both the Lok Sabha and Rajya Sabha within the next two days. According to sources, the proposed motion lists seven charges against the CEC, including alleged partisan conduct, obstruction of investigations into electoral fraud and mass disenfranchisement.

A senior MP said signatures for the notices had been collected and the documents were likely to be submitted on Thursday. Another opposition leader said the move could take place on Thursday or Friday in both Houses.

Sources said around 120 MPs had signed the notice to be submitted in the Lok Sabha, while about 60 MPs had signed the notice intended for the Rajya Sabha.

Under parliamentary rules, a notice seeking the removal of the CEC requires signatures from at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.

The notice has reportedly been signed by members from parties in the INDIA bloc, with some MPs from the Aam Aadmi Party also supporting the move.

Opposition parties have previously accused the Election Commission of favouring the ruling BJP, particularly over the ongoing Special Intensive Revision (SIR) of electoral rolls. Concerns have also been raised regarding the conduct of the exercise in West Bengal.

The procedure for removing the Chief Election Commissioner is similar to that for removing a judge of the Supreme Court or a High Court and can be initiated only on grounds of proven misbehaviour or incapacity. A removal motion can 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 members present and voting. If notices are submitted in both Houses on the same day, a joint committee will be constituted after the motions are admitted.