Himachal Congress seeks removal of CEC Gyanesh Kumar

Himral alleged that the provision had given the election commissioners “a free hand” and amounted to a grave injustice to the country

District Congress Committee Shimla (Rural) president Hari Krishan Himral on Saturday alleged that the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, provides excessive protection to members of the Election Commission (EC) and undermines accountability.

Targeting CEC Gyanesh Kumar, Himral alleged that he was functioning in an “autocratic” manner. (HT Photo for representation)

Addressing media in Shimla, Himral said Section 16 of the Act provides protection from civil and criminal proceedings for any act, thing or word committed, done or spoken by a serving or former chief election commissioner (CEC) or election commissioner in the discharge or purported discharge of official duties. The provision states that no court shall entertain or continue such proceedings.

Himral alleged that the provision had given the election commissioners “a free hand” and amounted to a grave injustice to the country. He also criticised the composition of the selection committee under the 2023 law, saying that the Chief Justice of India (CJI) was replaced by a Union cabinet minister nominated by the Prime Minister.

The Supreme Court, in its 2023 judgment, had directed that the CEC and election commissioners be selected by a committee comprising the PM, the Leader of Opposition (LoP) and the CJI until Parliament enacted a law on the issue. The 2023 Act subsequently provided for a selection committee comprising the PM, a Union cabinet minister nominated by him and the LoP in the Lok Sabha. The SC has recorded challenges alleging that this change diluted or modified the effect of its earlier judgment.

Targeting CEC Gyanesh Kumar, Himral alleged that he was functioning in an “autocratic” manner. He claimed that, in the name of the Special Intensive Revision (SIR), the constitutional rights of more than 13 crore voters had been denied by disregarding the recommendations of two election commissioners.

Himral said the Congress was conducting a nationwide “save democracy, save country” campaign against what he described as serious violations by the EC.

He demanded the removal of the CEC from office and called for a criminal case on charges of treason against him. He also alleged that the INDIA bloc, under the leadership of Rahul Gandhi, was standing with the people against what he termed the “dictatorial functioning” of the EC.