Bid to remove CEC Gyanesh Kumar fails as Lok Sabha Speaker, Rajya Sabha Chairman reject notices

Both Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C P Radhakrishna have rejected notices sent to their offices by members of the opposition in order to move a motion for the removal of Chief Election Commissioner Gyanesh Kumar from his post.

The opposition in their notices to the LS Speaker and the RS Chairman, had alleged that the CEC is indulging in "partisan and discriminatory conduct in office", "deliberate obstruction of investigation of electoral fraud" and "mass disenfranchisement", among other charges.

Birla and Radhakrishnan refused to admit the notices, which were moved under Article 324(5) of the Constitution.

"After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved, the Chairman, Rajya Sabha, in exercise of the powers vested to him under Section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion," a notification from the Rajya Sabha Secretary General said.

The notification revealed that the Motion, dated 12 March 2026, was signed by 63 members of the Rajya Sabha under Article 324(5) of the Constitution.

The Lok Sabha General Secretary also issued a similar notification, wherein it said that 130 Members of the Lok Sabha had signed a notice of Motion under Article 324(5) of the Constitution, read with Article 124(4) thereof, Section 11(2) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 and the Judges (Inquiry) Act, 1968 and submitted the same to the Speaker, wherein they sought the removal of Gyanesh Kumar as the Chief Election Commissioner.

"After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved therein, the Hon'ble Speaker, Lok Sabha, in exercise of the powers vested to him under Section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion," it said.

The CEC has been accused by the opposition parties of aiding the BJP, especially in context of the ongoing Special Intensive Revision (SIR) of electoral rolls, which they claim is aimed at helping the saffron party.

The process to remove a sitting CEC is similar to that of the removal of a judge of the Supreme Court or a high court. Individuals in these positions can only be removed from on the ground of "proven misbehaviour or incapacity".

Reacting to the dismissal of the notice, TMC MP Derek O'Brien said on X, "Notice to remove CEC Vanish Kumar by Rajya Sabha MPs rejected. Reason ? NO REASON GIVEN. BJP keep mocking our great Parliament. SHAME".

The issue of the CEC's handling of the SIR process in the Bihar elections and the upcoming elections in West Bengal, along with his "proved misbehaviour" also found place in the notice.

The TMC took lead role in bring in the notice. The party's supremo, Mamata Banerjee, has led protests in West Bengal against the SIR process. Even Rahul Gandhi has attacked Kumar and company in his "vote chori" claims.

With PTI inputs