A total of 193 Opposition Members of Parliament (MPs) have signed notices, seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, a source was quoted as saying by news agency PTI. As many as 193 Lok Sabha MPs and 63 Rajya Sabha MPs have reportedly sought the impeachment of Gyanesh Kumar over alleged ‘irregularities’ in the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
Sources from Trinamool Congress have told ANI that the motion is expected to be formally submitted on March 13.
According to the sources quoted by the news agencies, the impeachment motion notice was signed by all members from the INDIA bloc. MPs from the Aam Aadmi Party (AAP), too, have signed the motion.
The Chief Election Commissioner (CEC) can be removed only through the same procedure and on the same grounds as a judge of the Supreme Court. According to rules, at least 100 MPs must sign a notice seeking the removal of the CEC in the Lok Sabha, and the required strength in the Rajya Sabha is 50.
An Opposition leader, meanwhile, said MPs have shown great enthusiasm in signing the notice, and several lawmakers came forward to sign the notice on Thursday as well, even as the requisite numbers had already been achieved.
This is the first time a notice has been given seeking the removal of the CEC.
Trinamool MP Saugata Roy, who had earlier informed the press about the impeachment motion against CEC Gyanesh Kumar, said, “We shall bring an impeachment motion against the Chief Election Commissioner as per Article 324 of the Constitution. We have many, many complaints about him. The way the SIR has been handled, the way people have lost their lives because of the SIR, and the way the (voter) list has been published, it must be exposed.”
“That is why, after the no-confidence motion [against the Speaker), we are hoping that our impeachment or removal resolution will go through,” he said.
According to the sources quoted by ANI, as many as seven charges have been listed against the CEC, ranging from “partisan and discriminatory conduct in office” to “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement.”
Opposition parties have accused the CEC of aiding the ruling BJP on several occasions, especially with the ongoing Special Intensive Revision (SIR), which they have alleged is aimed at helping the party at the Centre.
Concerns have especially been expressed over the conduct of the SIR in West Bengal, with Trinamool Congress (TMC) supremo and Chief Minister Mamata Banerjee accusing the poll panel of deleting genuine voters.
The process for removing the CEC is similar to that for the removal of a Supreme Court or a high court judge, meaning an impeachment can be effected only on the ground of proven misbehaviour or incapacity.
A motion for removal may 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 the members present and voting.
According to the law on the appointment of CEC and 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,” and the other election commissioners shall not be removed from office “except on the recommendation of the CEC.”
According to the Judges (Inquiry) Act, 1968, if the notices for the motion are given on the same day in both Houses of Parliament, no committee shall be constituted unless the motion has been admitted in both Houses.
After the motion has been admitted in both Houses, a committee shall be constituted jointly by the speaker and the chairman.
