As many as 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed a notice seeking the removal of Chief Election Commissioner Gyanesh Kumar, sources said on Thursday.
According to a source, the notice is likely to be submitted in at least one of the two Houses on Friday, though it was not clear in which House it would be brought first.
An opposition leader said that MPs showed great enthusiasm in signing the notice, with several lawmakers coming forward to sign the notice on Thursday, even as the requisite numbers had already been achieved.
According to rules, at least 100 MPs need to sign a notice seeking the removal of the chief election commissioner (CEC) in the Lok Sabha, while the required strength in the Rajya Sabha is 50.
The notice has been signed by members from all the INDIA bloc parties, the source said, including the AAP, even though it is no longer officially part of the opposition alliance.
This is the first time a notice is being moved seeking the removal of the CEC.
According to a source, seven charges are listed against the CEC in the notice, ranging from "partisan and discriminatory conduct in office" to "deliberate obstruction of investigation of electoral fraud" and "mass disenfranchisement." The opposition parties have accused CEC Gyanesh Kumar 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.
Special concerns have been raised against the SIR exercise in West Bengal, with Trinamool Congress 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.
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.
According to the law on the appointment of CEC and election commissioners, “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.
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