Opposition MPs in Parliament have moved notices seeking the removal of Chief Election Commissioner Gyanesh Kumar accusing him of “acting under the thumb of the executive”, besides blaming him for "mass disenfranchisement" through the Special Intensive Revision (SIR exercise, and raising questions on his appointment.
The notices submitted in the two Houses of Parliament on March 12 list seven charges against the chief election commissioner (CEC) as grounds of "proved misbehaviour", calling for his removal.
Earlier, the Opposition MPs had submitted an impeachment motion against Kumar. A total of 193 opposition MPs backed the move, including 130 Lok Sabha MPs and 63 Rajya Sabha MPs who had signed the notice.
This marked the first time that a motion had been moved seeking the removal of a chief election commissioner. The controversial move comes amid allegations of alleged biased conduct.
How Critical Are The Charges Against CEC Kumar?
The notice listed seven charges against Kumar. These include allegations of “partial and discriminatory conduct in office," “proven misbehavior," “deliberate obstruction of investigation of electoral fraud," and “mass disenfranchisement".
The opposing parties have accused the CEC of serious misconduct. The rival party has accused Kumar of alleged biased conduct in the functioning of the Election Commission. It also said that the commission disproportionately targeted West Bengal during the special intensive revision of electoral rolls.
Thirdly, they accused him of deploying micro-observers in certain regions, which critics claim indicates partiality.
How Lengthy And Complicated Is the Process?
The formal removal of the CEC is executed in accordance with the legal framework listed in Article 324(5) of the Constitution of India.
The Chief Election Commissioner can be removed from his position through the same procedure as a Supreme Court judge. However, one must be aware of the eligible grounds for which a CEC could be removed from his post on the grounds of proved misbehavior or incapacity. These grounds must be established through a formal inquiry process before Parliament.
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A motion for removal must be supported by a minimum number of Members of Parliament.
At least 100 members of the Lok Sabha, or at least 50 members of the Rajya Sabha.
The motion is then submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
In the next stage, the presiding officer holds the authority to admit or reject the motion. If he/she admits it, the removal process initiates.
Following this, a three-member committee, consisting of a Supreme Court judge, a High Court judge, and a distinguished jurist, is assigned to examine the charges against the CEC.
While conducting the investigation, if the committee finds the charges proved, the motion comes up for voting in the parliament. The motion is passed only after it secures a majority of the total membership of each House and a two-thirds majority of members present and voting.
Furthermore, both Houses of Parliament must pass the motion in the same session.
The final order lies in the hands of President. If both houses pass the motion, an address is sent to the President of India.
The President then issues an order removing the Chief Election Commissioner from office.