Rajya Sabha (RS) chairman CP Radhakrishnan and Lok Sabha (LS) speaker Om Birla have rejected notices seeking the removal of chief election commissioner (CEC) Gyanesh Kumar, following a "careful and objective assessment”, the RS and LS secretariat said in a communique on Monday.
The 10-page notice was submitted on March 12 and signed by 130 members of the Lok Sabha and 63 members of the Rajya Sabha. The document accused the CEC of being “subservient” to the executive, and of the “wilful and deliberate abuse of the powers and position of a constitutional office”, among other charges.
This was the first time an impeachment notice had been moved to seek the CEC’s removal.
The Opposition had been at loggerheads with Kumar over the Special Intensive Revision (SIR) of the electoral rolls, which it believes is an exercise intended to disenfranchise its supporters. The Trinamool Congress (TMC), which had piloted the initiative, and the Congress had recently questioned the delay in deciding the two motions.
“After careful and objective assessment of all relevant aspects and issues involved, the Hon’ble Chairman, Rajya Sabha, in exercise of the powers vested in him under section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion,” the Rajya Sabha secretariat said in its bulletin issued on Monday evening.
{{/usCountry}}“After careful and objective assessment of all relevant aspects and issues involved, the Hon’ble Chairman, Rajya Sabha, in exercise of the powers vested in him under section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion,” the Rajya Sabha secretariat said in its bulletin issued on Monday evening.
{{/usCountry}}The Lok Sabha secretariat issued a similar notification.
The communiques said Gyanesh Kumar’s removal was sought 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.
Under Article 324(5) and Article 124(4) of the Constitution, a CEC can only be removed from office in a manner identical to a Supreme Court judge.
This requires a motion supported by at least 50 members in the Rajya Sabha or 100 in the Lok Sabha, followed by a judicial inquiry and a two-thirds majority vote in both Houses on grounds of proven misbehaviour or incapacity.