Opposition for Parliament motion to remove CEC Gyanesh Kumar after Express investigation - The Indian Express

The Opposition will soon move a motion in both houses of Parliament to remove Chief Election Commissioner Gyanesh Kumar, Congress sources told The Indian Express.

“The motion is being drafted with legal experts and we’ll soon submit notices in both houses on behalf of joint Opposition,” a Congress source said.

An investigation by The Indian Express reveals that questions were raised on SIR-related issues within the three-member Election Commission (EC) on record at least 14 times over the last 10 months. The objections were raised by Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi. 

The issues raised by the two Commissioners included changes to electoral forms and the handling of documents and data related to the revision of electoral rolls.

Responding to the Express investigation, the Election Commission of India Wednesday acknowledged these notes but described them as part of the panel’s “decision-making process”. It said differing views and observations were part of deliberations within an institution and that written notes, technical suggestions and internal checks and balances were “standard, ongoing practices”.

However, it did not respond to any of the concerns raised by the two Commissioners, nor did it state whether or how these concerns had been addressed.

“Differing views and observations are a normal part of deliberation in any institution,” the Commission said in a press note signed by Deputy Director P Pawan. “They are a part of the decision-making process before a final decision is taken.” The “written notes, observations, technical suggestions and internal checks-and-balances” by its members, it said, were “standard, ongoing practices”, and “the suggestions given by the Commissioners were for further improving the electoral processes.”

The Opposition’s decision to initiate fresh removal proceedings comes after its earlier attempt to move a motion against Kumar was rejected by the Rajya Sabha Chairman and Lok Sabha Speaker in April this year.

Led by the Trinamool Congress, Opposition parties had submitted notices in both Houses on March 12 seeking Kumar’s removal. The Lok Sabha notice had the signatures of 130 MPs and the Rajya Sabha notice had 63. An impeachment motion requires the signatures of at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha.

In an order dated April 6, Rajya Sabha Chairman C P Radhakrishnan rejected the notice, saying the allegations did not establish a prima facie case of “misbehaviour” required for removal under Articles 324(5) and 124(4) of the Constitution.

Radhakrishnan said some of the allegations concerned matters that “had already been decided or were under judicial review.” He also said that admitting removal motions based on “administrative disagreements or political perceptions” could affect the independence of the Election Commission.

The earlier notice had alleged, among other things, that the Election Commission had failed to maintain its independence and constitutional fidelity after Kumar’s appointment. It also raised the issue of the Commission’s handling of machine-readable electoral rolls and the nationwide expansion of SIR.

Asad Rehman is with the national bureau of The Indian Express and covers politics and policy focusing on religious minorities in India. A journalist for over eight years, Rehman moved to this role after covering Uttar Pradesh for five years for The Indian Express. During his time in Uttar Pradesh, he covered politics, crime, health, and human rights among other issues. He did extensive ground reports and covered the protests against the new citizenship law during which many were killed in the state. During the Covid pandemic, he did extensive ground reporting on the migration of workers from the metropolitan cities to villages in Uttar Pradesh. He has also covered some landmark litigations, including the Babri Masjid-Ram temple case and the ongoing Gyanvapi-Kashi Vishwanath temple dispute. Prior to that, he worked on The Indian Express national desk for three years where he was a copy editor. Rehman studied at La Martiniere, Lucknow and then went on to do a bachelor's degree in History from Ramjas College, Delhi University. He also has a Masters degree from the AJK Mass Communication Research Centre, Jamia Millia Islamia. ... Read More