A total of 193 MPs – 130 Lok Sabha MPs and 63 Rajya Sabha MPs – have signed notices seeking the removal of Chief Election Commissioner Gyanesh Kumar, news agency PTI reported quoting a source. The submission of the notice is expected in at least one House on Friday, although it is not yet clear which.
An Opposition leader noted that MPs displayed significant eagerness in signing the notice, with several lawmakers adding their support on Thursday despite the required numbers already being met.
Minimum Signatures Requirement Met
Under parliamentary rules, at least 100 MPs are required to support a notice for the removal of the CEC in the Lok Sabha, while the Rajya Sabha requires a minimum of 50 signatures. According to PTI, the signatories include members from all INDIA bloc parties. MPs from the Aam Aadmi Party (AAP), no longer officially part of the bloc, have also added their signatures.
This marks the first instance of a formal notice seeking the removal of the Chief Election Commissioner. According to PTI, seven charges have been listed against the CEC, including “partisan and discriminatory conduct in office,” “deliberate obstruction of investigation of electoral fraud,” and “mass disenfranchisement.” Opposition parties have accused the CEC of aiding the ruling BJP on multiple occasions, particularly during the ongoing Special Intensive Revision (SIR), which they claim is intended to benefit the Centre’s party.
Controversy Over Special Intensive Revision
Concerns have been raised over the SIR process in West Bengal, with Trinamool Congress (TMC) supremo and Chief Minister Mamata Banerjee alleging that genuine voters have been removed from electoral rolls.
The procedure for removing the CEC mirrors that for impeaching a Supreme Court or high court judge, allowing removal only on grounds of proven misbehaviour or incapacity. A motion can be introduced in either House of Parliament and must pass with a special majority, which requires a majority of total members and a two-thirds majority of those present and voting.
According to the law on the appointment of the CEC and other 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,” while other election commissioners may be removed “except on the recommendation of the CEC.” The Judges (Inquiry) Act, 1968, states that if notices for the motion are filed simultaneously in both Houses, no committee is formed unless the motion is admitted in both. After admission, a joint committee is constituted by the Speaker and the Chairman.