Opposition MPs submit notices in both Houses seeking motion for removal of CEC Gyanesh Kumar

New Delhi: In what marks a first in India's Parliamentary history, I.N.D.I.A. bloc MPs on Friday submitted notices seeking removal of Gyanesh Kumar as Chief Election Commissioner in both Lok Sabha and Rajya Sabha charging him with “partisan and discriminatory” conduct, “mass disenfranchisement” through SIR and taking actions that “undermine public confidence”.

Sources said the Opposition MPs have charged him on seven counts in detailed 10-page identical notices that have signatures of 130 Lok Sabha MPs and 63 Rajya Sabha MPs. The charges include “proven misbehaviour”, “partisan exercise” of Constitutional functions favouring one particular party formulation and “deliberate obstruction” of investigations into instances of “electoral fraud” among others.

The Opposition bloc's action, which came two days after the Lok Sabha rejected their resolution seeking removal of Om Birla as Speaker, is seen as an attempt by them to highlight how Constitutional functionaries are putting them in disadvantage by being allegedly partial to the ruling BJP.

Kumar becomes the first of the 25 CECs to see an impeachment notice submitted in Parliament in the past 74 years though some parties attempt 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.

With the notices 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 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 prime mover of the notice is Trinamool Congress whose supremo and West Bengal Chief Minister Mamata Banerjee had been on a protest against the deletion of voters from electoral rolls in West Bengal after the contentious SIR.

The Trinamool was keen on moving against Kumar during the first phase of Budget Session itself with Mamata herself making it clear that she would support such an initiative but Congress and other parties went ahead filing a notice seeking Birla’s removal.

It did not sign the notice, as it felt that the Congress was pushing its agenda. It made a qualified support for moving against Birla, insisting that they should have first approached him for withdrawal of suspension of MPs and see his reaction.

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 Special Intensive Revision of 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. Leader of Opposition in Lok Sabha Rahul Gandhi had attacked the CEC accusing him of acting in collusion with the ruling BJP and benefitting them.

Since 1991, there have been attempts to impeach six Supreme Court and High Court judges. The Opposition had in 2020 moved a notice for removal of Harivansh as Rajya Sabha Deputy Chairman and Jagdeep Dhankhar as Vice President and Rajya Sabha Chairman last year, which were rejected at admission stage while their notice on Allahabad High Court judge Justice Shekhar Yadav is pending.

The Lok Sabha is presently dealing with an impeachment notice against Allahabad High Court Yashwant Varma with a three-member high-level committee probing the allegations against him regarding the discovery of huge cash during a fire at his official residence. Sources said the panel is expected to submit its report before next Monsoon Session, following which it is taken up for consideration in Lok Sabha.