NEW DELHI: More than 190 MPs from Opposition parties have signed notices seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, according to sources, marking the first such attempt against a serving head of the Election Commission. Among other charges, they have blamed the CEC of “partisan and discriminatory conduct in office”.
Sources said 130 MPs from the Lok Sabha and 63 from the Rajya Sabha have backed the move. The notice is expected to be submitted in at least one House of Parliament on Friday or on Monday, although it remains unclear where it will be introduced first.
An Opposition leader said MPs across parties showed strong interest in signing the notice, with several lawmakers adding their signatures even after the required numbers had already been reached.
Under parliamentary rules, a notice seeking the removal of the CEC requires the signatures of at least 100 MPs in the Lok Sabha or 50 in the Rajya Sabha.
The sources said MPs belonging to parties in the INDIA bloc have signed the notice. Lawmakers from the Aam Aadmi Party have also supported the move despite the party no longer being formally part of the alliance.
According to a source, the notice lists seven charges against Kumar. These include allegations of partisan and discriminatory conduct in office, deliberate obstruction of investigations into electoral irregularities, and actions that allegedly resulted in large-scale disenfranchisement of voters.
Opposition parties have repeatedly accused the poll panel of favouring the ruling BJP, particularly during the ongoing special intensive revision of electoral rolls. Leaders have claimed the exercise could influence electoral outcomes.
Concerns have also been raised over the revision process in West Bengal. Chief Minister Mamata Banerjee has alleged that genuine voters are being removed from the rolls during the exercise.
The process for removing the CEC is similar to that followed for judges of the Supreme Court and high courts. Removal can take place only on grounds of proven misbehaviour or incapacity.
A motion for removal may be introduced in either House 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.
The law governing the appointment of Election Commissioners states that the CEC cannot be removed from office except in the same manner and on the same grounds as a Supreme Court judge. Other Election Commissioners can be removed only on the recommendation of the CEC.
Under the Judges (Inquiry) Act, 1968, if notices for such a motion are submitted in both Houses on the same day, a committee will not be constituted unless the motion is admitted in both Houses. Once admitted, a joint committee is formed by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha to examine the charges.