Opposition MPs move notices in both Houses seeking removal of CEC Gyanesh Kumar

Opposition MPs have submitted notices in the Lok Sabha and Rajya Sabha seeking a motion to remove Chief Election Commissioner (CEC) Gyanesh Kumar.

According to a PTI report quoting sources, as many as 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed the notice.

The report further stated that the signatories include members from all the INDIA bloc parties, including the Aam Aadmi Party, which has also backed the move despite no longer being formally part of the opposition alliance.

Some independent MPs have also signed the notice, and several others have expressed interest in joining the initiative.

Seven charges listed; first such move

This is the first time a notice has been moved seeking the removal of the CEC. The notice reportedly lists seven charges against Kumar, including alleged "partisan and discriminatory conduct in office", "deliberate obstruction of investigation of electoral fraud", and "mass disenfranchisement."

Also Read: 193 Opposition MPs sign notice seeking motion to remove CEC Gyanesh Kumar

The notice was led by the All India Trinamool Congress (TMC), which is in power in West Bengal, where assembly elections are expected in April–May.

As per the rules, a notice seeking the removal of the Chief Election Commissioner must be signed by at least 100 members of the Lok Sabha and 50 members of the Rajya Sabha.

Opposition alleges bias in poll body

Opposition parties have repeatedly accused Gyanesh Kumar, who joined the Election Commission of India in April 2024 and became Chief Election Commissioner in February last year, of “aiding” the ruling BJP on several occasions.

Also Read: Can CEC be removed? Decoding INDIA Bloc's impeachment motion

The allegations relate particularly to the ongoing Special Intensive Revision of electoral rolls, which opposition leaders claim could benefit the party in power at the Centre.

Concerns have also been raised about the exercise in West Bengal, with TMC chief and Chief Minister Mamata Banerjee accusing the Election Commission of “deleting” genuine voters.

How the removal process works

Under Article 324(5) of the Constitution of India, the procedure for removing the head of the poll body is the same as that for removing a judge of the Supreme Court of India or a high court. An impeachment can be carried out only on grounds of proven misbehaviour or incapacity.

Also Read: SIR controversy dominates Bengal's election mood

The motion 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 members present and voting.

Committee inquiry and next steps

Once the motion is admitted in both Houses, a committee is constituted jointly by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. The panel includes the Chief Justice of India or a judge of the Supreme Court, the chief justice of one of the country’s 25 high courts, and a distinguished jurist.

The Chief Election Commissioner is also given an opportunity to present his case before the committee. After the panel submits its report, the process for impeachment proceeds to discussion.

(With agency inputs)