Daijiworld Media Network - New Delhi

New Delhi, Mar 12: Opposition parties have collected signatures from Members of Parliament to submit a notice seeking the removal of Chief Election Commissioner Gyanesh Kumar, alleging “partisan and discriminatory conduct in office”, according to reports.

Sources told news agency PTI that the notice is expected to be submitted in both the Lok Sabha and the Rajya Sabha within the next one or two days.

A senior MP familiar with the development said the process of collecting signatures has already been completed and the notice could be submitted on Thursday. Another opposition leader indicated that the submission may take place either on Thursday or Friday in both Houses.

According to sources, around 120 MPs have signed the notice intended for submission in the Lok Sabha, while nearly 60 MPs have signed the notice meant for the Rajya Sabha. Under parliamentary rules, at least 100 MPs are required to sign a notice seeking the removal of the CEC in the Lok Sabha, while a minimum of 50 signatures are needed in the Rajya Sabha.

The notice reportedly lists seven charges against Gyanesh Kumar, including allegations of “partisan and discriminatory conduct in office”, “deliberate obstruction of investigation of electoral fraud”, and “mass disenfranchisement”, among other accusations.

Sources said the notice has been signed by MPs belonging to parties in the INDIA bloc. Members of the Aam Aadmi Party, which is no longer formally part of the alliance, have also signed the notice.

If submitted, this would be the first time a notice has been moved seeking the removal of a Chief Election Commissioner.

Opposition parties have repeatedly accused the ruling Bharatiya Janata Party of benefiting from the Election Commission’s decisions. The allegations have been linked in particular to the ongoing Special Intensive Revision (SIR) exercise, which opposition leaders claim could favour the ruling party.

Concerns have also been raised regarding the conduct of the exercise in West Bengal, where Chief Minister Mamata Banerjee has accused the Election Commission of removing genuine voters from electoral rolls.

The procedure for removing the Chief Election Commissioner is similar to that for removing a judge of the Supreme Court of India or a High Court. The removal can take place only on 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 — meaning a majority of the total membership of the House and a two-thirds majority of members present and voting.

According to the law governing the appointment of the Chief Election Commissioner and Election Commissioners, the CEC cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court. The law also states that other election commissioners cannot be removed except on the recommendation of the CEC.

Under the Judges Inquiry Act, 1968, if notices for such a motion are given on the same day in both Houses, a committee will be constituted only after the motion is admitted in both Houses. Once admitted, the committee will be jointly formed by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.