RS Chairman, LS Speaker rejects Opposition notices on motion to remove CEC

The opposition accused the CEC of partisan conduct, obstructing electoral fraud probes, and causing mass disenfranchisement, among other charges.
Chief Election Commissioner Gyanesh Kumar during a press conference.
Chief Election Commissioner Gyanesh Kumar during a press conference.(File Photo)
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Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C P Radhakrishnan on Monday rejected separate opposition notices seeking the removal of Chief Election Commissioner Gyanesh Kumar.

The opposition had submitted notices to both presiding officers, accusing the CEC of “partisan and discriminatory conduct”, “deliberately obstructing investigation into electoral fraud”, and causing “mass disenfranchisement”, among other allegations.

In separate orders, the Speaker and the Chairman declined to admit the notices moved under Article 324(5) of the Constitution of India, along with other relevant constitutional and statutory provisions, which sought Gyanesh Kumar’s removal from office.

"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 said the notice of Motion dated March 12, 2026, signed by 63 members of the Rajya Sabha under Article 324(5) of the Constitution, was submitted to the Rajya Sabha Chairman.

Chief Election Commissioner Gyanesh Kumar during a press conference.
Over 200 MPs sign notice seeking motion for CEC's removal

A separate notification from the Lok Sabha Secretary General said a notice of Motion dated March 12, 2026 signed by 130 Members of Lok Sabha 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, was submitted to the Speaker, seeking the removal of Gyanesh Kumar, 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 opposition parties have accused the CEC of aiding the ruling BJP on several occasions, especially with the ongoing Special Intensive Revision (SIR) of electoral rolls, which they alleged aims to help the saffron party.

The process for removing the CEC is similar to that for the removal of a Supreme Court or a high court judge, meaning an impeachment can be effected only on the ground of "proven misbehaviour or incapacity".

'We know what happened to last RS Chairman'

Reacting to the development, Congress general secretary in-charge communications Jairam Ramesh said, "We know what happened to the last Chairman of the Rajya Sabha who accepted a petition moved by Opposition MPs,” PTI reported.

His remarks were seen as an apparent reference to Jagdeep Dhankhar, who resigned as Vice President, citing health reasons.

TMC leader Derek O'Brien said no reason has been given while rejecting the opposition's notices and accused the BJP of mocking Parliament.

"Ah! Told you so. Notice to remove CEC Vanish Kumar by Rajya Sabha MPs rejected. Reason? NO REASON GIVEN. BJP keep mocking our great Parliament. SHAME," O'Brien said in a post on X.

The signatories to the notices included the Congress, Trinamool Congress, DMK, RJD and Left parties, which are all part of the opposition INDIA bloc, besides the Aam Aadmi Party (AAP), which is no longer formally in the alliance.

Some Independent MPs had also signed the notices.

This was the first time a notice was moved seeking the removal of the CEC.

The motion for removal may be introduced in either House of Parliament and must be passed by a special majority -- a majority of the total membership of the House and a two-thirds majority of the members present and voting.

(With inputs from PTI)

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