Will decide on any notice to remove CEC according to rules: LS Speaker Om Birla
Both the Lok Sabha Speaker and the Rajya Sabha chairman had rejected previous notices from the opposition, saying their allegations “do not prima facie meet the high constitutional bar for removal proceedings”. Birla noted the process for removal of the chief election commissioner was the same as for removing a Supreme Court judge.
Lok Sabha Speaker Om Birla clarified on Thursday that any new motion seeking the impeachment of Chief Election Commissioner Gyanesh Kumar would be reviewed following parliamentary protocols, as protests from the opposition to remove the poll chief over alleged SIR irregularities intensified. The opposition has already made two attempts to impeach Kumar, with the first two notices being rejected by both the Lok Sabha and the Rajya Sabha.
Current protests against Kumar have swelled in the past two weeks, spurred by claims of irregularities in the Special Intensive Revision (SIR) process. The agitation was fueled by reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised at least 14 objections to SIR decisions in the last ten months, arguing they were issued without their input.
Under the Constitution and the Election Commissioners Act, 2023, the CEC can be removed only through the parliamentary process similar to that applied to Supreme Court judges. The removal procedure mandates a three-member committee, comprising the Chief Justice of India or a Supreme Court judge, a high court chief justice and a distinguished jurist, to investigate the allegations.
If the committee deems the charges unsubstantiated, the impeachment motion is halted. However, if the allegations are found proven, the motion proceeds to a vote in both houses of Parliament, necessitating a majority of total membership and two-thirds majority of members present and voting.
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