New Delhi: Congress Deputy Leader in Lok Sabha Gaurav Gogoi said Monday that there was a consensus in the Opposition benches on the need to act against Chief Election Commissioner Gyanesh Kumar, hinting that an unprecedented impeachment motion against the head of the poll body could be in the offing.
Gogoi made the remarks at a joint press conference of opposition parties, including the AAP which has exited the INDIA bloc, where Kumar came under sharp attack from leaders who accused him of “lying” and “acting as the spokesperson of the BJP” during his interaction with the media on Sunday.
“There were discussions on this (impeachment motion) on which there is a broad agreement. An appropriate decision will be taken at the appropriate time,” Gogoi told reporters, responding to a question on whether the Opposition is seriously considering any move to remove Kumar from his office.
RJD Rajya Sabha MP Manoj Jha also said that the “Opposition is not only keeping all constitutional and legal options open but also intends to use them”.
A joint statement signed by 20 opposition parties—including the Congress, Trinamool Congress, Samajwadi Party, DMK, RJD NCP (SP), Shiv Sena (UBT), JMM, AAP, CPI, CPI(M) and the National Conference—said that the Election Commission of India has “completely failed” in discharging its constitutional duty of ensuring a free and fair electoral system in the country.
“It has now become clear that the ECI is not being led by officers who can ensure a level playing field. To the contrary, it is now clear that those who lead the ECI divert and thwart any attempt at a meaningful inquiry into voter fraud and instead opt to intimidate those who challenge the ruling party. This is a clear indictment,” said the statement.
Under Article 324 of the Constitution of India, which does not use word impeachment, the Chief Election Commissioner can be removed only on the grounds that are applicable on the judges of the Supreme Court.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023 also states that the CEC “shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court”.
Currently, the removal procedure of judges for “proved misbehaviour” and “incapacity” is governed by the Judges (Inquiry) Act, 1968. For the Lok Sabha and Rajya Sabha to accept any impeachment motion, at least 100 and 50 members respectively need to sign in favour of it.
Subsequently, following a laid down process which includes setting up of a three-member committee, both chambers of Parliament need to pass the removal motion with a majority of not less than two-third members present and voting.
Addressing the press conference, Jha put Kumar on the dock, saying, “We were looking for the CEC (at his media interaction) but found another BJP spokesperson instead.” That charge echoed across Opposition remarks, framing him as a partisan actor rather than a neutral umpire.
Gogoi said that Kumar’s remarks made it look like “the soul of a BJP spokesperson had entered his body”. AAP Rajya Sabha MP Sanjay Singh said, “Either he (CEC) is a fool or is pretending to be one or he considers us as fools.”
CPI(M) Rajya Sabha leader John Brittas asserted that Kumar has “forfeited the right” to be in the constitutional position that he currently holds and has “virtually declared war on the Opposition parties through his press conference”.
“The EC is biased, selective and unfair. There is a diabolical game to adulterate the voter lists from Kashmir to Kerala,” said Brittas. TMC Lok Sabha Mahua Moitra said Kumar put up a “shameful display of puppetry” at his press conference, where he served a seven-day ultimatum on Lok Sabha Leader of Opposition Rahul Gandhi to submit a signed affidavit in support of his allegations regarding voter list fraud.
“The job of the CEC is not to attack the opposition. He should leave it to his political masters. He was lying when he cited a Supreme Court judgment to make the case that machine-readable voter lists cannot be shared,” Moitra said.
Samajwadi Party Rajya Sabha MP Ramgopal Yadav displayed what he claimed were copies of affidavits that the party had submitted to the EC, raising questions on voter lists in Uttar Pradesh. In his press conference, Kumar had said that the EC had not received any such affidavits.
(Edited by Gitanjali Das)
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