RS Chairman, LS Speaker reject Oppn notices on motion to remove CEC

New Delhi: Rajya Sabha Chairman C P Radhakrishnan and Lok Sabha Speaker Om Birla on Monday refused to admit the opposition's notice to move a motion for the removal of Chief Election Commissioner Gyanesh Kumar from his post.

The move comes after the opposition submitted the notices in March, listing seven charges against the CEC, including alleged "partisan and discriminatory conduct in office," "deliberate obstruction of investigation of electoral fraud", and "mass disenfranchisement".

In separate orders, the Speaker and the Rajya Sabha Chairman rejected the notices moved under Article 324(5) of the Constitution, read with other relevant constitutional and statutory provisions, praying for the removal of Gyanesh Kumar as the Chief Election Commissioner.

"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.

It said the notice of motion dated March 12, 2026, signed by 63 members of the Rajya 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 Rajya Sabha Chairman.

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, 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 in him under Section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion," it said.

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.

Reacting to the rejection of the notice, Congress leader Jairam Ramesh said, "We know what happened to the last Chairman of the Rajya Sabha who accepted a petition moved by Opposition MPs".

Ramesh's statement on X was an apparent reference to Jagdeep Dhankhar, who suddenly resigned as Vice President in July 2025, 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 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.

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

The signatories to the notices included the Congress, Trinamool Congress, DMK, RJD and Left parties, all part of the opposition INDIA bloc, as well as the Aam Aadmi Party (AAP), which is no longer formally part of the alliance. Some Independent MPs had also signed the notices.

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

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

(With PTI inputs)