Doubts will arise on ‘tacit understanding’ if notice on CEC’s removal is ignored: TMC

Two days after 193 Opposition parliamentarians submitted a notice in both Houses of Parliament seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, the Trinamool Congress’s (TMC) Rajya Sabha leader Derek O’Brien said that if the notice was not taken up, it would raise doubts about a “tacit understanding” between the CEC and the Executive.

His remarks came on a day when Mr. Kumar reiterated the need for conducting a Special Intensive Revision (SIR) of electoral rolls, describing “pure electoral rolls” as the “bedrock of any democracy”.

Mr. O’Brien maintained that the Opposition’s notice was fully in order. “If the notice is not taken up by the Union government, doubts will be raised about a tacit understanding between the Executive and the CEC,” he said.

The Opposition’s 10-page notice lists seven charges against Mr. Kumar, ranging from “partisan and discriminatory conduct in office” to “deliberate obstruction of investigation of electoral fraud” and “mass disenfranchisement”. Opposition parties have repeatedly accused the CEC of aiding the ruling Bharatiya Janata Party (BJP), particularly during the ongoing SIR process, which they allege is being used to benefit the ruling party.

Under the rules, the presiding officers of the Lok Sabha and the Rajya Sabha must jointly constitute a committee to investigate the complaint. After completing its inquiry, the committee submits its report to the Speaker or the Chairman, who is required to place it before the respective Houses. If the committee finds merit in the charges, the motion for removal is then taken up for consideration and debate.

For the motion to pass, at least two-thirds of members “present and voting” in both Houses must support the removal, and the votes in favour must also constitute more than 50% of the total membership of each House. Once both Houses adopt the motion by a special majority, it is sent to the President of India.