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Lok Sabha, Rajya Sabha reject Opposition's notices seeking removal of CEC Gyanesh Kumar
Piloted by the Trinamool Congress, two separate copies of the notice were submitted in Lok Sabha and the Rajya Sabha.
Rajya Sabha chairman CP Radhakrishnan and Lok Sabha speaker Om Birla rejected on Monday notices by opposition parties seeking the removal of chief election commissioner (CEC) Gyanesh Kumar in both Houses, bringing to an end the first-ever attempt in Parliament to remove the CEC.
In a communique issued on Monday, the Rajya Sabha secretariat said after “careful and objective assessment of all relevant aspects and issues involved, the Hon’ble Chairman, Rajya Sabha, in exercise of the powers vested to him under section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of motion.”
A Lok Sabha bulletin issued on Monday evening said, “Members are informed that a notice of Motion dated the 12th March, 2026 signed by 130 Members of Lok Sabha under Article 324(5) of the Constitution of India, read with Article 124(4) thereof, Section 11(2) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 and the Judges (Inquiry) Act, 1968, seeking the removal of Shri Gyanesh Kumar, Chief Election Commissioner, was submitted to Hon’ble Speaker, Lok Sabha.”
“After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved therein, the Hon’ble Speaker, Lok Sabha, in exercise of the powers vested to him under section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion,” it added.
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According to a 2023 law on the appointment and functions of CEC and ECs, “the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.” In other words, this means that a CEC can be removed only through impeachment in both Houses of Parliament.
The section 3 of the Judges (Inquiry) Act says, “The Speaker or, as the case may be, the Chairman may, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same.”
The impeachment notice was submitted on March 12 and signed by 63 members of the Rajya Sabha under Article 324(5) of the Constitution of India, read with Article 124(4) thereof, Section 11(2) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 and the Judges (Inquiry) Act, 1968, seeking the removal of the CEC. The notice was also submitted in the Lok Sabha on the same day.
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Piloted by the Trinamool Congress, two separate copies of the notice were submitted in Lok Sabha and the Rajya Sabha. The Opposition listed seven specific charges against Kumar, including “partisan and discriminatory conduct in office”, “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement through SIR”.
The Opposition criticised the decision to reject the notices.
Trinamool Congress Rajya Sabha floor leader Derek O’Brien said, “Notice to remove CEC Vanish Kumar by Rajya Sabha MPs rejected. Reason? NO REASON GIVEN. BJP keeps mocking our great Parliament. SHAME.”
Congress Rajya Sabha chief whip Jairam Ramesh said, “We know what happened to the last Chairman of the Rajya Sabha who accepted a petition moved by Opposition MPs.”
He was likely referring to the resignation of vice-president Jagdeep Dhankhar, who had acknowledged an Opposition-sponsored notice against high court judge, justice Yashwant Varma.
In the past two years, the Opposition had moved impeachment notices against judges, the vice-president, the Lok Sabha Speaker, and the CEC. In the Budget session, the Opposition’s motion against the Speaker was defeated in the Lok Sabha.
The Opposition had been at loggerheads with Kumar over the special intensive revision of electoral rolls. West Bengal CM Mamata Banerjee personally appeared in court and conducted a five-day long dharna against Kumar in Kolkata.
Earlier, Leader of the Opposition in the Lok Sabha Rahul Gandhi alleged that dubious voters were added in Karnataka and Maharashtra in collusion with the BJP.
The Election Commission, however, rejected all charges and asked Gandhi to lodge a complaint in an affidavit.
