Opposition to Submit Notice in Parliament for Motion Seeking CEC Gyanesh Kumar’s Removal: Report

Opposition Plans Fresh Removal Motion Against CEC

Opposition parties are preparing to submit a fresh notice in the Lok Sabha and Rajya Sabha seeking a motion for the removal of Chief Election Commissioner Gyanesh Kumar, according to sources cited by PTI.

The notice is currently being drafted and will be examined by legal experts before being submitted to both Houses of Parliament. Sources indicated that the notice could be submitted as early as next week.

Third Attempt by Opposition

The proposed move would be the Opposition’s third attempt to initiate proceedings seeking Kumar’s removal.

An earlier notice submitted by 73 Opposition MPs on April 24 is pending in the Rajya Sabha, according to the report. The fresh notice is being prepared following new disclosures concerning internal objections within the Election Commission.

The Opposition had also submitted removal notices earlier in March. The Indian Express reported that notices submitted in March had signatures from 130 MPs in the Lok Sabha and 63 MPs in the Rajya Sabha.

INDIA Bloc Parties Working Together

According to sources, parties belonging to the INDIA bloc are coordinating on the proposed fresh notice.

The move is being described by Opposition sources as a collective effort, with the draft expected to undergo legal scrutiny before being formally submitted in Parliament.

Reported Objections Within Election Commission

The latest move follows an investigation by The Indian Express that reported objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on several occasions over a period of 10 months.

According to the report, the objections related to issues including changes to electoral forms, handling of documents and data, electoral-roll revision and aspects of the Special Intensive Revision process.

The report said the two Election Commissioners had raised objections at least 14 times over decisions and orders connected with electoral-roll processes.

Election Commission Responds to the Report

The Election Commission has acknowledged the existence of internal notes and observations but said such differences are part of institutional decision-making.

The Commission stated that written notes, technical suggestions and internal checks and balances are part of its regular functioning. It also said that differing views and observations can form part of deliberations before a final decision is taken.

The Opposition, however, is using the reported objections as part of its case for seeking fresh proceedings against the CEC.

What Is the Process for Removing a Chief Election Commissioner?

The removal of a Chief Election Commissioner follows a constitutionally prescribed process.

Under Article 324(5) of the Constitution, the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Supreme Court judge. The Chief Election Commissioner can therefore face removal proceedings on grounds of proved misbehaviour or incapacity.

A removal motion requires support from at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha for the motion to be initiated under the applicable procedure. If admitted, an inquiry process can follow before the matter is considered by Parliament.

Earlier Notice Was Rejected

The Indian Express reported that an earlier removal notice was rejected by Rajya Sabha Chairman C P Radhakrishnan in April.

The rejection was based, among other considerations, on the view that the allegations did not establish a prima facie case of the required “misbehaviour” for removal under the constitutional provisions. The Chairman also noted concerns about using administrative disagreements or political perceptions as grounds for removal.

The fresh notice is being prepared in light of the latest reported developments concerning internal Election Commission deliberations.

SIR Controversy at the Centre of Political Dispute

The proposed removal motion comes amid a wider political dispute over the Special Intensive Revision of electoral rolls.

Opposition parties have raised concerns about the Election Commission’s handling of the electoral-roll revision process, while the Commission has maintained that its decisions and procedures follow its institutional framework.

The latest developments have intensified the political debate over the functioning and independence of the Election Commission. The allegations made by political parties remain contested, while the Election Commission has provided its own explanation regarding the reported internal objections.

Key Takeaways

• Opposition parties are preparing a fresh removal notice against CEC Gyanesh Kumar.

• The notice is expected to be submitted in both the Lok Sabha and Rajya Sabha.

• Sources said the draft is being reviewed by legal experts.

• The move would represent the Opposition’s third attempt to initiate removal proceedings against Kumar.

• The proposed action follows reports about objections raised by two Election Commissioners over electoral-roll and SIR-related decisions.

• The Election Commission has described internal notes and differing views as part of its normal decision-making process.

• Removal of a CEC requires a special constitutional procedure similar to that applicable to a Supreme Court judge.