I.N.D.I.A. bloc’s notice seeking CEC Gyanesh Kumar's removal cites 'voter list manipulation' in Karnataka’s Aland, Mahadevapura

It also speaks about Rahul Gandhi's dissent note on the appointment of Gyanesh Kumar as Chief Election Commissioner

New Delhi: The I.N.D.I.A. bloc’s notice seeking removal of Chief Election Commissioner Gyanesh Kumar has referred to the allegations of voter list manipulation in Karnataka’s Aland and Mahadevapura Assembly seats levelled by Leader of the Opposition in the Lok Sabha Rahul Gandhi and the unsatisfactory response to it, sources said on Monday.

It also has spoken about Rahul’s dissent note on the appointment of Gyanesh Kumar as the CEC as also the latter’s remarks at a press conference in August last year seeking an affidavit from the Leader of the Opposition for his claims on Aland constituency and an apology to the nation in seven days, sources said on the notice, which was submitted in the Lok Sabha and the Rajya Sabha last Friday.

Marking a first in India’s parliamentary history, the Opposition sought his removal and submitted the notice in both Houses, charging him with “partisan and discriminatory” conduct, “mass disenfranchisement” through SIR and taking actions that “undermine public confidence”.

The seven charges made by the Opposition in the notice include “proven misbehaviour”, “partisan exercise” of constitutional functions favouring one particular party formulation and “deliberate obstruction” of investigations into instances of “electoral fraud”.

Sources said the identical notices, which are presently with the Lok Sabha and Rajya Sabha Secretariats, have raised questions about the appointment process involving the Prime Minister, a Union Minister and the Leader of the Opposition in the Lok Sabha as flawed and referred to Rahul’s dissent note. The Opposition was of the view that the selection process itself was “flawed”.

The removal of the Chief Justice of India from the selection panel when a law was brought in was “disrespectful and discourteous” and a “flagrant” violation of the Supreme Court order that designed a new appointment process for the CEC and the Election Commissioners, sources said.

The notice also referred to the allegations of deliberate attempt at voter deletion in the Aland constituency as also discrepancies in the Mahadevapura seat as highlighted by Rahul during press conferences last year. Rahul had claimed that Kumar was not aiding the investigation process in Aland by refusing to provide details sought by the Karnataka CID while he also accused him of working for the ruling BJP after raising the issue of Mahadevapura.

The Opposition has also taken umbrage at Kumar’s press conference on August 17 last year during which he challenged Rahul to sign an affidavit on his allegations or apologise to the nation in seven days for levelling allegations and that he has no other option, sources said.

Kumar becomes 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 T N Sheshan in 1991 while the 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 judge.

With the notice submitted in both Houses and if they are admitted in both places, the Lok Sabha Speaker and the Rajya Sabha Chairman will jointly constitute a probe panel consisting of the Supreme Court Chief Justice or a judge, a High Court Chief Justice and eminent jurist to probe the charges against the CEC. If it indicts him, a motion will be discussed in both Houses and once passed, the President will order his removal.

The submission of the notice is the culmination of Opposition plans that started being discussed in August last year, as Opposition's confrontation with the CEC had escalated with the announcement of the Special Intensive Revision of the electoral rolls in Bihar last year.

A meeting with the CEC and Opposition leaders were acrimonious and in August last year, I.N.D.I.A. MPs had marched to Nirvachan Sadan, the EC headquarters here. Rahul had attacked the CEC, accusing him of acting in collusion with the ruling BJP and benefitting them.