Opposition mulls impeachment motion against CEC

The Congress-led INDIA bloc on Monday accused the Election Commission of failing to discharge its constitutional duty of ensuring a free and fair electoral system, and did not rule out moving an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar, who, it alleged, was acting like a “BJP spokesperson”.

The INDIA bloc indicated that it was keeping all options open regarding the need to act against the CEC.

Addressing a press conference held by the alliance, Congress deputy leader in the Lok Sabha Gaurav Gogoi said there was a consensus in the Opposition on the need to act against Kumar.

“Among the options discussed, there was a broad agreement on the need to act against him. An appropriate decision will be taken at the right time,” Gogoi told reporters, responding to a question on whether the Opposition was mulling any move to remove the CEC.

RJD Rajya Sabha MP Manoj Jha said the Opposition was not only keeping all constitutional and legal options open but also planned to use these.

Incidentally, the briefing was also attended by AAP leader and Rajya Sabha MP Sanjay Singh, even though his party has left the INDIA bloc.

The CEC came under attack from leaders, who accused him of “lying” and “acting as a spokesperson for the BJP” during his interaction with the media on August 17.

A joint statement signed by 20 opposition parties, including the Congress, Trinamool Congress, Samajwadi Party, DMK, RJD, NCP (SP), Shiv Sena (UBT), JMM, AAP, CPI, CPM and the National Conference — said the Election Commission had “completely failed” in discharging its constitutional duty of ensuring a free and fair electoral system in the country.

“It has now become clear that the EC is not led by officers who can ensure a level playing field. To the contrary, it is now clear that those who lead the EC ‘divert and thwart’ any attempt at a meaningful inquiry into voter fraud and instead opt to intimidate those who challenge the ruling party. This is a clear indictment,” the statement said.

Under Article 324 of the Constitution, the CEC can be removed only on the grounds that are applicable to judges of the Supreme Court.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, also states that the CEC “shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court”.

At present, the procedure for the removal of judges for “proved misbehaviour” and “incapacity” is governed by the Judges (Inquiry) Act, 1968. For the Lok Sabha and Rajya Sabha to accept any impeachment motion, at least 100 and 50 members, respectively, need to sign in favour of it.

Subsequently, following a laid down process which includes setting up of a three-member committee, both chambers of Parliament need to pass the removal motion with a majority of not less than two-third members present and voting.

Asked about the EC’s daily charge that even after over 18 days since the draft electoral rolls of Bihar were released on August 1, not a single party had brought to its notice any objection regarding addition or deletion of names from the voter list, RJD leader Jha alleged that when party workers tried to lodge their objections with officials, they were turned away.

Gogoi said Kumar’s remarks made it look like “the soul of a BJP spokesperson had entered his body”.

TMC Lok Sabha Mahua Moitra said Kumar put up a “shameful display of puppetry” at his press conference, where he served a seven-day ultimatum on Lok Sabha Leader of Opposition Rahul Gandhi to submit a signed affidavit in support of his allegations regarding the voter list fraud.

Samajwadi Party Rajya Sabha MP Ramgopal Yadav displayed copies of affidavits that his party had submitted to the EC, raising questions over voter lists in Uttar Pradesh during the 2022 Assembly poll. He said no action had been taken by the poll panel so far on their complaints.

In his press conference on August 17, the CEC had said the EC had not received any such affidavits.