Opposition MPs Move Notice Seeking Removal of Chief Election Commissioner

PTI, March 12, 2026, New Delhi: As many as 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed a notice seeking the removal of Gyanesh Kumar, the Chief Election Commissioner of the Election Commission of India, sources said on Thursday.

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.

An opposition leader said that MPs showed great enthusiasm in signing the notice, with several lawmakers coming forward to sign it on Thursday even after 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 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 said, including the Aam Aadmi Party (AAP), even though it is no longer officially part of the opposition alliance.

This is the first time a notice is being moved seeking the removal of the CEC.

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 Kumar of aiding the Bharatiya Janata Party on several occasions, especially with the ongoing Special Intensive Revision (SIR) of electoral rolls, which they alleged aims to help the ruling party at the Centre.

Special concerns have been raised against the SIR exercise in West Bengal, with Mamata Banerjee, Chief Minister of the state and supremo of the All India Trinamool Congress, accusing the poll panel of deleting genuine voters.

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

Article 324(5) of the Constitution of India states that the CEC shall not be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court, and the conditions of service of the CEC shall not be varied to his disadvantage after appointment.

The 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.

According to the law governing the appointment of the CEC and election commissioners, the CEC cannot be removed from office except in the same manner as a Supreme Court judge, while other election commissioners cannot be removed except on the recommendation of the CEC.

Under the Judges (Inquiry) Act, 1968, if the notice for the motion is given on the same day in both Houses of Parliament, no committee will be constituted unless the motion has been admitted in both Houses.

After the motion has been admitted in both Houses, a committee will be constituted jointly by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. The committee will consist of the Chief Justice of India or a Supreme Court judge, the Chief Justice of one of the 25 high courts, and a distinguished jurist.

The committee proceedings are similar to court proceedings, where witnesses and the accused are cross-examined. The CEC will also get a chance to present his defence before the committee.

Once the committee submits its report, it will be tabled in Parliament and discussions will begin on the impeachment motion. The motion must be passed by both Houses for the removal to take effect.

During the discussion in the House, Kumar will have the right to defend himself standing at the entrance of the House chamber.