CEC impeachment: Birla says fresh motion will be examined as per rules

Lok Sabha Speaker Om Birla on Thursday said any fresh motion seeking the impeachment of Chief Election Commissioner (CEC) Gyanesh Kumar would be examined in accordance with parliamentary rules and procedures, as opposition protests demanding the poll panel chief’s removal intensified over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.The opposition has made two attempts to remove Kumar, with notices in the first attempt rejected by both the Lok Sabha and the Rajya Sabha. Notices submitted in the second attempt are still pending in the Upper House.“If any fresh notice comes, we will see and examine it accordingly under rules and procedures,” Birla told a press conference, responding to a question on the possibility of another impeachment motion against the CEC.Protests against Kumar have intensified over the past fortnight, with opposition parties demanding his resignation over alleged irregularities in the revision of electoral rolls. The agitation gathered momentum after The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections at least 14 times over the past 10 months to decisions and orders related to the SIR, alleging that these were issued without their knowledge or recommendation.

Under the Constitution, the CEC can be removed only through a parliamentary process similar to that prescribed for the removal of a Supreme Court judge. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, also provides for the CEC or an Election Commissioner to resign by submitting a written resignation to the President.The removal process is governed by constitutional provisions and the Judges (Inquiry) Act, 1968.

Once a removal motion is admitted in either House of Parliament, the Speaker or the Rajya Sabha Chairman constitutes a three-member committee to investigate the charges. The panel comprises the Chief Justice of India or a Supreme Court judge, a chief justice of a high court and a distinguished jurist.

If the committee finds the charges unsubstantiated, no further action is taken. If it finds the allegations proved, the motion is taken up for consideration in Parliament.

Removal requires each House to pass an address supported by a majority of its total membership and a two-thirds majority of members present and voting, in the same session.The opposition’s attempts to remove Kumar have brought the Election Commission’s handling of the SIR under renewed scrutiny, with the possibility of another motion now hinging on the formal parliamentary process and the admissibility of any fresh notice.