Om Birla Says Any New Notice Seeking CEC’s Removal Will Follow Rules

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Outlook News Desk
Curated by: Aryan Dwivedi
Published at:

The opposition has made two attempts to seek his removal. Notices in the first attempt were rejected in both Houses of Parliament, while those submitted in the second attempt remain pending in the Rajya Sabha

Gyanesh Kumar, Delhi Protest, Election Commission, Om Birla
CEC Gyanesh Kumar Photo: X
Summary of this article
  • Birla said any fresh notice seeking Kumar’s removal would be examined under rules.

  • The opposition’s first attempt failed; second-attempt notices remain pending in the Rajya Sabha.

  • Protests have intensified over alleged irregularities in the Special Intensive Revision.

Lok Sabha Speaker Om Birla on Thursday said any fresh notice seeking the removal of Chief Election Commissioner Gyanesh Kumar would be examined under parliamentary rules, amid opposition protests over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

“If any fresh notice comes, we will see and examine it accordingly under rules and procedures,” Birla said in a press conference when asked about the possibility of another motion against Kumar.

The opposition has made two attempts to seek his removal. Notices in the first attempt were rejected in both Houses of Parliament, while those submitted in the second attempt remain pending in the Rajya Sabha.

SIR Decisions At Centre Of Protests

Opposition parties have stepped up their demand for Kumar’s resignation over the past fortnight, questioning the conduct of the electoral-roll revision.

The protests gained momentum after The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over 10 months to decisions and orders concerning the SIR. According to the report, they objected that these had been issued without their knowledge or recommendation.

How The Removal Process Works

The Constitution provides that the CEC can be removed in the same manner and on the same grounds as a Supreme Court judge. The process involves parliamentary scrutiny and an inquiry into the charges.

Once a removal motion is admitted in either House, the Speaker or Rajya Sabha Chairman constitutes a three-member inquiry committee under the Judges (Inquiry) Act, 1968.

The committee comprises the Chief Justice of India or a Supreme Court judge, a high court chief justice and a distinguished jurist.

If the committee finds the charges unsubstantiated, the matter does not proceed. If it finds them proved, Parliament can take up the removal motion.

Approval Required In Both Houses

Removal requires an address passed by each House in the same session, supported by a majority of its total membership and at least two-thirds of members present and voting.

Separately, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, allows the CEC or an Election Commissioner to resign by writing to the President.

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