{"id":"f-445134d771-c2e70952-19f6-57ca-9198-5dcda03d2856","title":"Opposition MPs Sign Notice Against Gyanesh Kumar - Can India's Chief Election Commissioner Be Impeached?","description":"The required signatures have been met, with support from various opposition parties, including AAP. The removal process mirrors that of Supreme Court judges, necessitating a special majority in Parliament.","timestamp":1773394554,"category":"national_v_two","headline":"Opposition MPs Sign Notice Against Gyanesh Kumar - Can India's Chief Election Commissioner Be Impeached?","modifiedHeadline":"Opposition MPs seek Election body chief's removal","subCategories":["scid_2094d3d1"],"subcategoriesName":["Domestic political news"],"region":"IN","bundleMetaData":{"bundleId":"7b48871c-c993-4956-b43d-6f46f8e1b036","bundleTitle":"Today In India","cardData":null},"iabCategoryId":"387","iabCategoryName":"Elections","fcSummary":"a significant number of parliamentarians have initiated a move to remove chief election commissioner gyanesh kumar, citing accusations of partisan conduct and electoral fraud. the notice, backed by india bloc parties, lists seven charges and requires a special majority in parliament for removal, mirroring the process for judges. a committee including a supreme court judge will investigate before a final vote.","summary":"A significant number of MPs, including 130 from Lok Sabha and 63 from Rajya Sabha, have signed a notice for the removal of Chief Election Commissioner","ctaUrl":"https://trends.glance.com/newz/news/IN/en/timesnow/f-445134d771-c2e70952-19f6-57ca-9198-5dcda03d2856","sourceUrl":"https://www.timesnownews.com/india/opposition-mps-move-notice-against-gyanesh-kumar-in-parliament-can-indias-chief-election-commissioner-be-impeached-article-153824572","bannerImage":"https://g-mob.glance-cdn.com/public/fc/image/E1JivdiQ0d20.webp","content":"

In an unprecedented move, a significant number of MPs, including 130 from Lok Sabha and 63 from Rajya Sabha, have signed a notice for the removal of Chief

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Election Commissioner Gyanesh Kumar over accusations of partisan conduct. According to a source, the notice is likely to be submitted in at least one of the two Houses on Friday, though it was not clear in which House it would be brought first. This is the first time a notice is being moved seeking the removal of the CEC. An opposition leader claimed that MPs showed \"great enthusiasm\" in signing the notice, with several lawmakers coming forward to sign the notice on Thursday, even as the requisite numbers had already been achieved. According to rules, at least 100 MPs need to sign a notice seeking the removal of the chief election commissioner (CEC) in the Lok Sabha, while the required strength in the Rajya Sabha is 50. The notice has been signed by members from all the INDIA bloc parties, the source told PTI, including the AAP, even though it is no longer officially part of the opposition alliance. According to a source, seven charges are listed against the CEC in the notice, ranging from \"partisan and discriminatory conduct in office\" to \"deliberate obstruction of investigation of electoral fraud\" and \"mass disenfranchisement.\" Opposition parties have accused CEC Gyanesh Kumar 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 at the Centre. Special concerns have been raised against the SIR exercise in West Bengal, with Trinamool Congress supremo and Chief Minister Mamata Banerjee accusing the poll panel of deleting genuine voters.

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Can Gyanesh Kumar be removed?

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\nThe 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. Article 324(5) of the Constitution says the CEC shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court, and the conditions of service of the CEC shall not be varied to his disadvantage after his appointment.\n
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\nThe 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.\n
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\nAccording to the law on the appointment of CEC and election commissioners, \"the CEC shall not be removed from his office except in the like manner and on the like grounds as a judge of the Supreme Court\", and the other election commissioners shall not be removed from office \"except on the recommendation of the CEC\".\n
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\nAccording to the Judges (Inquiry) Act, 1968, if the notice for the motion is given on the same day in both Houses of Parliament, no committee shall be constituted unless the motion has been admitted in both Houses. After the motion has been admitted in both Houses, a committee shall be constituted jointly by the Lok Sabha speaker and the Rajya Sabha chairman.\n
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\nThe committee will consist of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts, and a \"distinguished jurist\". The committee proceedings are like any court proceeding where witnesses and the accused are cross-examined. The CEC, too, will get a chance to speak before the committee.\n
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\nAccording to the rule, once the committee submits its report, it will be tabled in the House, and discussions will commence for impeachment. The motion to remove a judge, and in this case the CEC, will have to be passed by both Houses. When the House discusses the motion, Kumar will have the right to defend himself standing at the entrance of the House chamber.\n
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(With PTI inputs)\n

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Opposition MPs Sign Notice Against Gyanesh Kumar - Can India's Chief Election Commissioner Be Impeached?

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