Opposition to Move Removal Motion Against CEC Gyanesh Kumar in Both Houses

The Opposition is preparing to move a motion in both Houses of Parliament seeking the removal of Chief Election Commissioner Gyanesh Kumar, with Congress sources saying the paperwork is being readied with the help of legal experts.

"The motion is being drafted with legal experts and we'll soon submit notices in both houses on behalf of joint Opposition," a Congress source said.

The move follows an investigation that found questions were raised on Special Intensive Revision (SIR)-related issues within the three-member Election Commission on record at least 14 times over the past 10 months. The objections came from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, and covered changes to electoral forms as well as the handling of documents and data linked to the revision of electoral rolls.

Commission acknowledges notes

Responding to the findings, the Election Commission acknowledged the notes but described them as part of the panel's "decision-making process". In a press note signed by Deputy Director P Pawan, the Commission said differing views and observations were a normal part of deliberation in any institution and formed part of the process before a final decision is taken.

It characterised the written notes, observations, technical suggestions and internal checks and balances by its members as "standard, ongoing practices", adding that the suggestions given by the Commissioners were aimed at further improving electoral processes.

The Commission, however, did not respond to any of the specific concerns raised by the two Commissioners, nor did it state whether or how those concerns had been addressed.

Earlier attempt rejected

The fresh effort comes after an earlier attempt to move a motion against Kumar was rejected by the Rajya Sabha Chairman and the Lok Sabha Speaker in April this year.

Led by the Trinamool Congress, Opposition parties had submitted notices in both Houses on March 12 seeking Kumar's removal. The Lok Sabha notice carried the signatures of 130 MPs and the Rajya Sabha notice 63. A removal motion requires at least 100 signatures in the Lok Sabha and 50 in the Rajya Sabha.

In an order dated April 6, Rajya Sabha Chairman C P Radhakrishnan rejected the notice, saying the allegations did not establish a prima facie case of "misbehaviour" required for removal under Articles 324(5) and 124(4) of the Constitution. He noted that some allegations concerned matters that had already been decided or were under judicial review, and said admitting removal motions based on administrative disagreements or political perceptions could affect the independence of the Election Commission.

The earlier notice had alleged, among other things, that the Election Commission had failed to maintain its independence and constitutional fidelity after Kumar's appointment. It also raised the Commission's handling of machine-readable electoral rolls and the nationwide expansion of SIR.