The INDIA bloc on Friday took the unprecedented step of submitting notices to remove the chief election commissioner (CEC) to the presiding officers of both Houses of Parliament.
The identical 10-page notices cited how CEC Gyanesh Kumar had handled the SIR drive that led to “mass disenfranchisement”, his “partiality” towards a particular political party, “proven misbehaviour” with other parties, and his “obstruction of investigation” into electoral fraud, among other charges, an MP said.
The notices, attested by 130 Lok Sabha and 63 Rajya Sabha members, were steered by the Trinamool Congress.
The bid to take the Parliament route to take on Kumar gained currency after his politically charged news conference in August last year to counter Congress leader Rahul Gandhi’s allegations of voter-roll fraud in Karnataka.
Last month, Bengal chief minister Mamata Banerjee had a showdown with the EC over the SIR exercise in the state, which has placed over 60 lakh voters in the “under adjudication” category.
The INDIA bloc’s move comes at a time when the Opposition is mobilising public opinion to protect constitutional institutions through street protests, legal challenges and legislative checks.
Kumar is the first election commissioner appointed under a new law that gives the Lok Sabha Opposition leader a say in the selection process. However, the Centre retains the edge.
The procedure for the removal of a CEC is the same as that of a Supreme Court judge, as provided under Article 124(4) of the Constitution and the Judges (Inquiry) Act, 1968.
After the notice is admitted in both Houses, a three-MP committee has to be constituted by the Lok Sabha Speaker and the Rajya Sabha Chairman to examine the allegations. The CEC will get an opportunity to defend himself before the panel finalises its report. The report will then be tabled in the House where the notice originated, or in both Houses in the case of a joint committee.
If the charges are proven, a motion for removal will be taken up along with the report. The motion must be passed by a two-thirds majority, provided it also constitutes more than 50 per cent of the total strength of the House. Both Houses must pass the motion before it is sent to the President for assent.