The notice bringing the motion against Chief Election Commissioner of India Gyanesh Kumar can be submitted to both the Houses of Parliament (Lok Sabha and Rajya Sabha) on Thursday (March 12). The process of signatures required on the notice to bring the proposal was completed on Wednesday (March 11). This is the first time that a notice is being given to remove a Chief Election Commissioner from his post.
How many MPs signed the notice?
A source has given this information to PTI. Regarding the matter, a senior MP said that the signature work has been completed, it was told that till Wednesday evening, about 120 MPs have signed the notice to be given in the Lok Sabha, while about 60 MPs have signed the notice for the Rajya Sabha. It was told that the notice has been signed by the members of all the constituent parties of ‘India’ alliance.
What is the rule for bringing notice?
Let us tell you that according to the rules, notice has to be given by the signatures of at least 100 members in the Lok Sabha and at least 50 members in the Rajya Sabha. The notice can be submitted on Thursday, which will be given to both the Houses of Parliament.
Why is the opposition giving notice against CEC?
In fact, opposition parties have on many occasions made allegations that the Chief Election Commissioner benefited the ruling BJP. Apart from this, the opposition has also targeted CEC regarding SIR. The opposition alleges that the purpose of SIR is to help the BJP.
What is the procedure for removing the Chief Election Commissioner?
According to the law, the same procedure is followed to remove the CEC as to remove a Supreme Court judge. Other Election Commissioners cannot be removed from their posts without the recommendation of the Chief Election Commissioner. According to the Judges (Inquiry) Act, 1968, after the motion for removal of a judge is accepted in either House, the Speaker (Lok Sabha) or Chairman (Rajya Sabha), as the case may be, shall constitute a three-member committee. Which will investigate the grounds on which a demand has been made to remove him from the post.
The committee consists of the Chief Justice (CJI) or a judge of the apex court, a chief justice of any of the 25 high courts and an eminent jurist.
The proceedings of the committee are like any court proceedings, in which witnesses and accused are cross-examined. The CEC also gets an opportunity to speak before the committee. As per the rules, after the committee submits the report, it will be presented in the House and the discussion on the motion for removal from the post will begin. However, the CEC has the right to defend itself.
