Kamal Ghorui
NEW DELHI: Rajya Sabha chairman CP Radhakrishnan on Monday rejected the opposition’s impeachment motion against Chief Election Commissioner Gyanesh Kumar.It was the first time a notice seeking the removal of the Election Commission chief was issued with the signature of 130 Lok Sabha MPs and 63 Rajya Sabha members.The 10-page impeachment motion accused Gyanesh Kumar of seven counts. The charges ranged from partisan conduct of the CEC to mass disenfranchisement of voters in different states. This comes after the poll body faced opposition over the pan-India purification of the electoral roll — Special Intensive Revision (SIR).The opposition had also raised the issue of the way the CEC handled SIR in previous elections, like Bihar and forthcoming elections in states like West Bengal; his “proved misbehaviour”; his partial conduct towards a political party are also issues that find a mention in the notice.The notice for the removal of the CEC, piloted by TMC, came after growing accusations from opposition parties against Gyanesh Kumar.They accused the CEC of bias and carrying out the ongoing Special Intensive Revision (SIR) exercise in an arbitrary manner in a bid to aid the BJP. West Bengal chief minister Mamata Banerjee has been leading protests over the SIR process in her state. Other opposition parties, too, have been attacking the CEC, with Rahul Gandhi steering the “vote chori” campaign.‘Told you so’After the motion got rejected, Congress MP Jairam Ramesh took a swipe at vice-president Radhakrishnan, reminding him of his predecessor Jagdeep Dhankhar’s episode, where he resigned hours after accepting a motion seeking the removal of justice Yashwant Varma.“We know what happened to the last Chairman of the Rajya Sabha who accepted a petition moved by Opposition MPs,” Jairam Ramesh, in a social media post, said.TMC MP Derek O’Brien also attacked the centre and accused it of “mocking” the Parliamentary system.“Ah! Told you so,” he said in a social media post on X.“Notice to remove CEC Vanish Kumar by Rajya Sabha MPs rejected. Reason? NO REASON GIVEN. BJP keep mocking our great Parliament. SHAME,” he added.
What can opposition do next?
After the rejection of the motion, the opposition has options, although limited.The removal process follows the procedure laid down in the Judges (Inquiry) Act, 1968. The opposition can refile the motion in the Lok Sabha. The process will restart with the Speaker’s admission decision, as motions originate independently in either House.Additionally, the opposition can also consider moving the Supreme Court. It can build “moral pressure” on CEC Gyanesh Kumar that he would step aside from his post if an petition was moved against him in the apex court.In 2018, Congress had challenged the rejection of then CJI Dipak Misra’s impeachment by then Vice-President M. Venkaiah Naidu.Congress leader and senior lawyer Kapil Sibal, who was also a signatory to the impeachment notice, raised the case for urgent listing before a bench.
