Impeachment motion to remove Gyanesh Kumar as CEC: Rajya Sabha chairman, Lok Sabha Speaker reject notices

New Delhi: Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C P Radhakrishnan on Monday rejected the Opposition notices seeking removal of Chief Election Commissioner Gyanesh Kumar on charges of “partisan and discriminatory” conduct, “mass disenfranchisement” through SIR and taking actions that “undermine public confidence”.

Opposition MPs had submitted separate notices in Lok Sabha with 130 signatures and in Rajya Sabha with 63 MPs – against a required 100 and 50 respectively – on March 12 seeking to initiate a process to remove the CEC, in what marked a first in India’s Parliamentary history.

The rejection of notices, which came 25 days after the submission of notices citing Article 324(5) of the Constitution, were publicised by the Secretariats of both the Houses in its daily bulletins. The removal of CEC follows the same procedure as that of a Supreme Court or High Court judge.

The Lok Sabha bulletin said, “after due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved therein, the Speaker, Lok Sabha, in exercise of powers vested to him under Section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of motion.”

A similar notice in Rajya Sabha bulletin said the Chairman has refused to admit the notice of motion. The bulletins did not provide reasons for rejecting the notices.

Trinamool Congress Rajya Sabha floor leader Derek O'Brien posted on ‘X’, “Ah! Told you so. Notice to remove CEC 'Vanish Kumar' by Rajya Sabha MPs rejected. Reason? No reason given. BJP keeps mocking our great Parliament. Shame.” Trinamool was the prime mover behind the notices, as the Opposition was up in arms against the CEC over Special Intensive Revision.

O’Brien claimed that they had managed 25% more signatures than required knowing very well that this would end in rejection.

Congress Rajya Sabha Chief Whip Jairam Ramesh said, "we know what happened to the last Chairman of the Rajya Sabha (Jagdeep Dhankhar) who accepted a petition moved by Opposition MPs." He was referring to Dhankhar's surprise resignation on July 21 last year citing health reasons after receiving an impeachment motion against Justice Yashwant Varma, a move speculated to have angered the government.

Kumar had become the first of the 25 CECs to see an impeachment notice submitted in Parliament in the past 74 years though some parties attempted such an exercise against TN Sheshan in 1991 while NDA presented a memorandum seeking dismissal of Naveen Chawla in 2006. The removal process of a CEC will be the same as that of the impeachment of a Supreme Court judge and High Court judges.

According to the notices, the Opposition had questioned Kumar's continuation, alleging that his appointment was “compromised”, as the hasty appointment effected at midnight despite pendency of Supreme Court hearing demonstrated a “deliberate intent” by the Executive to install a person of its choice before the court could intervene.

It also said Kumar’s career trajectory revealed a “deep institutional embeddedness within the Executive” while claiming that his “career history, combined with the manner of his appointment raises serious questions about his independence from the Executive, especially a long-standing and well-known deep linkage” with the MHA and Home Minister Amit Shah.

Another allegation was that Kumar took an “adversarial and threatening” posture against the Opposition, while referring to the “unprecedented ultimatum” to Leader of Opposition in Lok Sabha Rahul Gandhi to submit a signed affidavit on his claims of ‘vote chori’ or apologise to the nation. Kumar was also accused of not asking BJP MP Anurag Thakur an affidavit for making similar allegations.