Om Birla Confirms Procedure for New Motion Against CEC Gyanesh Kumar
Lok Sabha Speaker Om Birla states that any new motion for the removal of Chief Election Commissioner Gyanesh Kumar will be processed according to established rules.
Speaker Om Birla assures examination of any fresh motion against CEC Gyanesh Kumar.
Opposition has previously attempted to remove Kumar with mixed results.
Removal of a CEC requires a parliamentary process similar to that of a Supreme Court judge.
On Thursday, Lok Sabha Speaker Om Birla addressed the media regarding the potential for a new motion seeking the removal of Chief Election Commissioner Gyanesh Kumar. He emphasized that any such motion would be scrutinized in line with existing parliamentary rules and procedures, amidst ongoing protests across India demanding Kumar's resignation.
The backdrop to this situation involves two prior attempts by the Opposition to oust Kumar. The first set of notices was dismissed by both the Lok Sabha and Rajya Sabha, while the second set remains under consideration in the Upper House. Birla's comments came in response to inquiries about the possibility of an impeachment motion against Kumar, indicating that the parliamentary process would be followed if a new notice is submitted.
Protests have erupted in various regions of India over the past two weeks, with demonstrators calling for Kumar's resignation due to alleged irregularities during the special intensive revision of the voters' list. The legal framework governing the removal of the Chief Election Commissioner stipulates that such an action can only be initiated by Parliament, mirroring the impeachment process for Supreme Court judges.
According to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC can resign by notifying the President in writing. However, removal requires a more complex process, as outlined in Article 124 of the Constitution, which mandates that a judge can only be removed through a presidential order following a parliamentary address supported by a two-thirds majority.
Looking ahead, if a new motion is filed, it will trigger an investigation by a committee composed of legal experts, including the Chief Justice of India. The findings of this committee will be crucial in determining the next steps, either leading to further parliamentary action or concluding the matter if no misconduct is found. The political landscape surrounding this issue remains tense as the Opposition continues to push for accountability from the Election Commission.
