New Delhi: Opposition MPs have submitted notices in both Houses of Parliament seeking a motion for the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, sources said on Friday.
According to a source, 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed the notice.
The signatories include members from all the INDIA bloc parties, including the Aam Aadmi Party (AAP), which is no longer formally a part of the opposition alliance, the source said.
Some Independent MPs have also signed the notice while several others have evinced interest in joining the initiative, the source added.
This is the first time a notice has been moved seeking the removal of the CEC.
According to sources, the notice lists seven charges against Kumar, including alleged “partisan and discriminatory conduct in office”, “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement”.
The opposition parties have accused the CEC of aiding the ruling BJP on several occasions, especially with the ongoing Special Intensive Revision (SIR) of electoral rolls, which they alleged aims to help the saffron party at the Centre.
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”.
In a blogpost published on Friday, TMC Rajya Sabha leader Derek O’Brien said the term “proved misbehaviour” has been interpreted to include deliberate abuse of powers, partisan exercise of constitutional functions favouring one political formation over others and actions that undermine public confidence in the independence and impartiality of the CEC, amongst other attributes.
He pointed out that in the last 75 years, India has had 25 CECs and “neither House of Parliament has ever brought a removal motion against the CEC”.
Calling submitting the notices in both Houses a “strong messaging”, O’Brien said members of the opposition are using “every constitutional tool available to protect the sanctity of India’s glorious institutions”.
“However, if the notice is not taken up by the Union government, doubts will be raised about a tacit understanding between the executive and the CEC,” he said.
Article 324(5) of the Constitution says the CEC shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court, and the conditions of service of the CEC shall not be varied to his disadvantage after his appointment.
The 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.
The law on the appointment of CEC and election commissioners says, “The 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 notice for the motion is 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 Lok Sabha speaker and the Rajya Sabha chairman.
The committee will consist of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts, and a “distinguished jurist”.
The committee proceedings are like any court proceeding where witnesses and the accused are cross-examined.
The CEC, too, will get a chance to speak before the committee.
According to the rule, once the committee submits its report, it will be tabled in the House and discussions will commence for impeachment.
The motion to remove a judge, and in this case the CEC, will have to be passed by both Houses.
When the House discusses the motion, Kumar will have the right to defend himself standing at the entrance of the House chamber.
