New Delhi: Opposition parties on Friday submitted a fresh motion in the Rajya Sabha seeking the removal of CEC Gyanesh Kumar, alleging bias in the enforcement of the Model Code of Conduct. The notice, signed by 73 MPs, accused the EC of displaying “continued partisan asymmetry” in enforcing the poll code.
The signatories claimed that the poll body failed to act on complaints against PM Narendra Modi regarding his televised address to the nation on Apr 18, delivered in the run-up to Assembly elections in West Bengal and Tamil Nadu.
“As on the date of this notice, Gyanesh Kumar has issued no show-cause notice, no advisory, and no public response to any of the said complaints,” the notice said. It further stated that no show-cause notice, advisory or public response had been issued by the Commission in relation to these complaints.
The motion was submitted to the Rajya Sabha Secretary-General by Congress leader Jairam Ramesh and Trinamool Congress MP Sagarika Ghose. As many as 73 MPs backed the motion, well above the required minimum of 50.
The motion also received support from a broad coalition of opposition parties, including the Congress, Trinamool Congress, Samajwadi Party, DMK, Left parties, Shiv Sena (UBT), NCP (SP), RJD, IUML and others.
The move follows the Opposition’s recent success in defeating the Constitution (131st Amendment) Bill in the Lok Sabha, which aimed to redistribute seats based on the 2011 Census to facilitate the implementation of women’s reservation.
Opposition MPs in both Houses of Parliament had earlier, on March 12, tried to initiate proceedings against the Chief Election Commissioner, but the attempts were rejected by the respective presiding officers. At that time, a group of 63 Rajya Sabha members and 130 Lok Sabha members had submitted a motion seeking Kumar’s removal.
However, the proposal was rejected on April 6 by the presiding officers of both Houses. Following that rejection, the Opposition decided to draft a revised motion that would include additional charges.
While rejecting the earlier motion, Rajya Sabha Chairman C.P. Radhakrishnan and Lok Sabha Speaker Om Birla had stated that the Opposition had failed to provide sufficient evidence to establish a prima facie case of “misbehaviour” as required under the Constitution.
A detailed 17-page order issued separately by both presiding officers noted that the allegations lacked substantiation and, in several cases, related either to matters already adjudicated or currently under judicial consideration.
The order further observed that, while the issues raised might be politically significant, they did not meet the high constitutional threshold necessary to initiate removal proceedings under Articles 324(5) and 124(4) of the Constitution, or under the Judges (Inquiry) Act, 1968. Each of the seven charges outlined in the earlier motion was addressed and rejected in order.
