73 Opposition MPs sign fresh notice to remove Gyanesh Kumar as CEC

Giving details of the notice, Congress communication in-charge and MP Jairam Ramesh said, “The grounds are proven misbehaviour constituted by acts and omissions committed.”

“There are now nine specific charges against the CEC that have been documented in great detail and that simply cannot be denied or whitewashed away. His continuation is an assault on the Constitution. It is an absolute disgrace that the man continues to be in office to do the bidding of the Prime Minister and Home Minister,” he added.

The first charge against Kumar is regarding the “partisan asymmetry” in the enforcement of the Model Code of Conduct. The Opposition has mentioned Prime Minister Narendra Modi’s address to the nation on April 18, which it said was in violation of the poll code. A complaint was submitted but the CEC took no action but he has shown “alacrity of action” in respect of BJP complaints against Opposition leaders, he said. The Opposition has alleged that Kumar has been “inconsistent with the duty of neutrality” imposed upon the Commission.

The second charge against Kumar by the Opposition is “partisan and public denunciation of a recognised political party on the official social media handle of the ECI, referring to the poll body’s “straight-talk” post.

“ECI’s Straight-talk to Trinamool Congress… This time, the Elections in West Bengal would surely be: fear-free, violence-free, intimidation-free, inducement-free and without any raid, booth jamming and source jamming,” EC had posted on X.

The third charge is “administrative lapses evidencing institutional proximity to the ruling party — the Kerala seal incident”. The reference was to a letter by ECI to all political parties in Kerala that carried the BJP’s seal.

The fourth charge is that the CEC’s “conduct (being) unbecoming of a constitutional functionary”, which points to allegations of Kumar being rude to a TMC delegation on April 8.

The fifth charge is “mass disenfranchisement in West Bengal”, pointing out “deletion of approximately 91 lakh voters and judicial exclusion of approximately 34 lakh voters from the franchise”.

The sixth charge in the notice alleges “wilful non-action upon specific and documented complaints of official partisanship”. Under the charge, the Opposition has mentioned “non action” on complaint by the TMC about the appointment of Surajit Roy as the returning officer, with Mamata Banerjee-led party arguing that “he is closely associated with” BJP leader Suvendu Adhikari.

The seventh charge against Kumar is the “nationwide replication of the defective SIR framework”, while the eighth charge is “repeated causation of adverse judicial observations and extraordinary Article 142 interventions by the Supreme Court”.

The final charge by the Opposition is that Kumar has “illegally abused power to direct transfers and postings of bureaucrats in Tamil Nadu”.

This fresh notice against Gyanesh Kumar comes weeks after the notice for motion to impeach him was rejected by Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C P Radhakrishnan, who had both said that the allegations levelled by the Opposition members “lack the proof necessary to constitute misbehaviour which establishes a prima facie case for removal of Chief Election Commissioner”.

How is a CEC removed

Article 324(5) of the Indian Constitution says that the “Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court”. The article also states that this process is “subject to provisions of any law made by Parliament” on the matter. The process for removing a judge of the Supreme Court is as per Article 124 of the Constitution and the Judges (Inquiry) Act, 1968.

Article 124(4) states that a Supreme Court judge may be removed by the President after both Houses of Parliament, in the same session, pass an address supported by a majority of their total membership and a two-thirds majority of members present and voting, on grounds of proved misbehaviour or incapacity.