Gyanesh Kumar impeachment: Numbers a hurdle despite rare Opposition unity

Opposition parties are preparing to submit a notice seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, with more than 190 MPs from both Houses of Parliament backing the move in what leaders describe as a rare show of unity against the Election Commission of India (ECI) chief.

Sources said 130 Lok Sabha MPs and 63 Rajya Sabha MPs have signed the notice, comfortably exceeding the minimum numbers required to initiate proceedings. Parliamentary rules require at least 100 MPs in the Lok Sabha or 50 in the Rajya Sabha to sign such a notice.

The motion is expected to be submitted in at least one of the two Houses on Friday, though it remains unclear whether it will be introduced first in the Lok Sabha or the Rajya Sabha.

Opposition leaders said lawmakers showed “remarkable enthusiasm” in signing the notice, with several MPs adding their signatures even after the required threshold had already been crossed.

Significantly, the notice carries signatures from MPs across the INDIA bloc parties, with members of the Aam Aadmi Party also joining the effort despite the party no longer formally being part of the opposition alliance. Leaders said the breadth of support reflects growing concern among opposition parties over the functioning of the Election Commission under Kumar.

If formally admitted, the motion would mark the first attempt in India’s parliamentary history to remove a CEC.

The notice reportedly lists seven charges against Kumar, including allegations of “partisan and discriminatory conduct in office”, “deliberate obstruction of investigation of electoral fraud”, and “mass disenfranchisement”.

Opposition parties have repeatedly accused the CEC of favouring the ruling Bharatiya Janata Party, particularly in connection with the ongoing Special Intensive Revision of electoral rolls. Critics allege the exercise could result in the deletion of legitimate voters and tilt the electoral playing field in favour of the ruling party.

The issue has drawn especially sharp criticism in West Bengal, where chief minister Mamata Banerjee has accused the ECI of deleting genuine voters during the revision process.

Despite the strong show of Opposition unity, however, the chances of the motion ultimately succeeding remain slim due to the stringent constitutional requirements governing the removal of a CEC.

Under Article 324(5) of the Constitution, the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge — namely proven misbehaviour or incapacity.

The process begins with the admission of the notice by the presiding officer of the House in which it is introduced. If admitted, a three-member inquiry committee is formed jointly by the Lok Sabha speaker and the Rajya Sabha chairperson. The committee typically includes the chief justice of India or a Supreme Court judge, the chief justice of a high court, and a distinguished jurist.

The panel conducts an inquiry similar to a court proceeding, examining evidence and hearing witnesses. The CEC is also given the opportunity to present a defence.

If the committee finds merit in the charges, the motion must then be passed by both Houses of Parliament with a special majority — a majority of the total membership of the House and a two-thirds majority of members present and voting.

Given the BJP-led NDA alliance’s strength in Parliament, clearing this final stage would be extremely difficult without support from some members of the government benches.

For the Opposition, however, the significance of the move may lie less in the immediate prospect of removing the CEC and more in the political message it sends. By rallying MPs across multiple parties behind the motion, Opposition leaders hope to spotlight what they describe as growing concerns about the independence of the ECI ahead of upcoming state elections.

With agency inputs