Rajya Sabha Chairman CP Radhakrishnan and Lok Sabha Speaker Om Birla have rejected the impeachment proposal moved against Chief Election Commissioner (CEC) Gyanesh Kumar. The Opposition had demanded his removal, but with the proposal being dismissed, Kumar will continue in office and no legal proceedings or inquiries will be initiated against him. The proposal seeking action was signed by a total of 193 MPs -- 130 Lok Sabha members and 63 members of the Rajya Sabha. Opposition parties had collectively accused the CEC of seven serious charges. The proposal alleged biased and discriminatory conduct, misconduct, electoral fraud and denial of voting rights. The MPs argued that these charges reflected a failure to uphold fairness and neutrality in the election process.
The notice of motion in Lok Sabha, under Article 324(5) of the Constitution of India, read with Article 124(4), 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 - sought the removal of Gyanesh Kumar. It was submitted to the Lok Sabha Speaker. A similar notice was submitted to the Rajya Sabha Chairman and Vice President Radhakrishnan on March 12.
Concerns raised over SIR exercise
A major point of contention was the Special Intensive Revision (SIR) process of voter lists in states like Bihar and West Bengal. Opposition leaders claimed that the SIR process led to the disenfranchisement of many legitimate voters. They also alleged that the CEC acted favourably towards certain political parties, which they said amounted to biased decision-making. The Opposition cited several Supreme Court judgments to support their claims, alleging that the SIR process had indirectly benefited the ruling party at the Centre. They argued that this compromised the integrity of the electoral process and undermined democratic rights.
Both Houses decline to admit motion
A bulletin issued by the Lok Sabha Secretariat stated that the Speaker, after evaluating all aspects of the motion, declined to admit it under the powers granted by Section 3 of the Judges (Inquiry) Act, 1968. The bulletin read: "After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved therein, the Speaker Lok Sabha, in exercise of the powers vested to him under Section 3 of the Judges (Injury) Act, 1968, has refused to admit the said notice of motion."
Similarly, the Rajya Sabha Secretariat informed members through an official bulletin that the Chairman had also rejected the motion. It stated: "After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved, the 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."
How is CEC removed?
It is worth noting here that the process for impeaching the CEC is similar to that for a Supreme Court judge. The removal can take place only on the grounds of proven misbehaviour or incapacity. A motion for removal may be introduced in either House of Parliament and must be passed by a special majority – a majority of the total membership of the House and a two-thirds majority of the members present and voting.
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