Opposition moves impeachment motion against CEC Gyanesh Kumar today | What are the charges?

At least 120 Lok Sabha MPs and 60 Rajya Sabha lawmakers have signed a motion seeking the removal of the CEC Gyanesh Kumar.

The Trinamool Congress (TMC) has moved an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar in both Houses of Parliament on Friday.

Chief Election Commissioner of India Gyanesh Kumar (Hindustan Times)

Two separate copies of the notice were submitted in the Lok Sabha and the Rajya Sabha on Friday, according to news agency PTI. At least 120 Lok Sabha MPs and 60 Rajya Sabha lawmakers have signed a motion seeking the removal of the CEC Gyanesh Kumar, HT earlier reported.

What are opposition's charges?

The notice lists seven charges against the CEC, ranging from “partisan and discriminatory conduct in office” to “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement", PTI reported.

Opposition parties have accused Chief Election Commissioner Gyanesh Kumar of aiding the ruling BJP on several occasions, particularly in connection with the ongoing Special Intensive Revision (SIR) of electoral rolls, which they allege is intended to benefit the saffron party at the Centre.

Concerns have been especially raised over the SIR exercise in West Bengal, with Trinamool Congress supremo and chief minister Mamata Banerjee accusing the Election Commission of deleting genuine voters.

The Opposition had been at loggerheads with Kumar over the SIR, which it believes is an exercise aimed at disenfranchising its supporters.

Who is attempting to impeach CEC?

Trinamool MP Kalyan Banerjee said that MPs from Congress, the Samajwadi Party, DMK and NCP (SCP) have signed the motion. He said,

"The decision to bring the impeachment motion was taken by our leader, Mamata Banerjee. We have brought the motion. We have signed it, the Samajwadi Party has signed, Congress has signed, Sharad Pawar's party has signed, DMK has signed, everyone has signed it."

On Thursday, Trinamool MP Saugata Roy said that the party was preparing an impeachment motion against the Chief Election Commissioner, ANI reported.

He said, "We are preparing an impeachment motion against the Chief Election Commissioner. More than 100 MPs are supporting us. We might submit it today. The Opposition will be seen united on this."

What is the procedure for impeachment of CEC?

The Chief Election Commissioner can be removed only through the same procedure and on the same grounds as a judge of the Supreme Court, as laid down under Article 324(5) of the Constitution. The motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.

The removal of the CEC or an Election Commissioner is governed by Article 324 of the Constitution, which states that “...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…”.

The process is further governed by the Judges Enquiry Act, which stipulates: “In the case of a notice given in the House of the People, by not less than one hundred members of that House; (b) in the case of a notice given in the Council of States, by not less than fifty members of that Council; then, 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.”