Guwahati: MPs from the INDIA bloc on Friday submitted notices in both Houses of Parliament seeking the removal of Gyanesh Kumar, marking the first time such a move has been formally initiated against a sitting Chief Election Commissioner.
The notice, running into about 10 pages, lists seven charges against Kumar, including allegations of “partisan and discriminatory conduct in office”, “deliberate obstruction of investigation of electoral fraud”, and “mass disenfranchisement”.
Opposition parties have accused the CEC of favouring the ruling Bharatiya Janata Party (BJP) in several instances, particularly during the Special Intensive Revision (SIR) of electoral rolls. They claim the exercise has been used to benefit the ruling party in states such as West Bengal and Bihar.
The initiative was reportedly spearheaded by the Trinamool Congress. The party is also considering making public the transcript of its delegation’s meeting with the Election Commission of India held on February 2.
Following that meeting, Mamata Banerjee had alleged that Kumar had “insulted” and “humiliated” the delegation during their interaction.
Under Article 324(5) of the Constitution, the Chief Election Commissioner can be removed from office only in the same manner and on the same grounds as a judge of the Supreme Court of India.
According to the provisions of the Judges (Inquiry) Act, 1968, if notices seeking such a motion are submitted in both Houses on the same day, an inquiry committee can be formed only if the motion is admitted in both Houses of Parliament. Once admitted, the committee is constituted jointly by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.
The rules require at least 100 MPs to sign the notice in the Lok Sabha and 50 in the Rajya Sabha. Opposition members have exceeded these thresholds, with 130 MPs signing the notice in the Lok Sabha and 63 in the Rajya Sabha.
Sources said the Trinamool Congress had initially debated whether to move the notice in only one House. However, opposition MPs from both Houses ultimately decided to sign the motion to collectively register their protest against what they described as the CEC’s recent actions.