Opposition Plans to Seek CEC’s Removal; India Bloc Considers Joint Action
Opposition parties are preparing to submit fresh notices in both Houses of Parliament seeking the removal of Chief Election Commissioner Gyanesh Kumar. The proposed move would be the Opposition’s third attempt to initiate removal proceedings against the CEC. According to reports, the new notices are being prepared with legal experts and could be submitted soon.
The development comes as an earlier notice submitted by 73 Opposition members in the Rajya Sabha on April 24 remains pending. That notice was filed under Article 324(5) of the Constitution and cited nine allegations concerning Kumar’s conduct in office.
The Opposition’s first removal notices were submitted in March and were signed by 130 Lok Sabha MPs and 63 Rajya Sabha MPs. The notices contained seven allegations, including claims of partisan conduct, problems relating to electoral-roll revision and alleged interference with the conduct of free and fair elections. The Lok Sabha Speaker and Rajya Sabha Chairman rejected those notices on April 6.
The April 24 notice was presented as a fresh motion based on alleged conduct after March 15. It was signed by MPs from several Opposition parties, including the Congress, Trinamool Congress, Samajwadi Party, DMK, Left parties and others.
The new proposed motion is expected to include issues raised in a recent report by The Indian Express. The report said two of the three Election Commissioners had raised objections on record at least 14 times over a period of 10 months concerning certain decisions taken without their knowledge. These claims have become another point of discussion among Opposition parties.
The allegations mentioned in the earlier April notice included claims of unequal enforcement of the Model Code of Conduct, failure to act on an alleged violation involving Prime Minister Narendra Modi, alleged bias in election administration, voter disenfranchisement concerns in West Bengal and Uttar Pradesh, and questions surrounding bureaucratic transfers in Tamil Nadu. These are allegations made by the Opposition and are not presented as established findings.
Trinamool Congress Rajya Sabha leader Derek O’Brien has said the Opposition needs to act collectively and quickly. Congress general secretary Jairam Ramesh has also indicated that Opposition MPs are preparing further action, particularly in light of information that has emerged since the earlier notices were filed.
The proposed action could involve Opposition parties coordinating their positions and seeking wider support among MPs. The exact wording of the new notices, the number of signatories and the Houses in which they will ultimately be submitted are yet to be finalised, according to reports.
Under the constitutional framework, the Chief Election Commissioner can be removed through a process similar to that applicable to a Supreme Court judge, involving Parliament and an address to the President. The April 24 notice sought proceedings on the ground of alleged “proved misbehaviour.”
The latest move therefore puts the Election Commission and its functioning back at the centre of a political and constitutional debate in Parliament. The proposed notices will have to go through the parliamentary process before any further action can be taken.